Published on: 28 September 2023 at 09:30 IST
Court: High Court of Delhi
Citation: X V. State (NCT of Delhi) (2022)
Honourable High Court of Delhi has held that pregnancies of a Rape Victim which is beyond 24 weeks can be directed to be terminated under aegis of Article 226 of the Constitution of India in exceptional situations. It is held that the Rape Victim’s decision not having the child of her rapist is held to be a Victims fundamental Right to Life as guaranteed by Article 21 of the Constitution of India.
6. While dealing with the prayers addressed on this petition, the Court has borne in mind the following salient facts. Undisputedly, the petitioner is a victim of rape. She is stated to be about 13 to 17 years old. The assault on her person and the defilement of her body would have undoubtedly left scars which would take years to heal. Her misery and suffering would stand compounded even more if she were forced to bear the mantle of motherhood at such a tender age.
The Court shudders to even imagine the state of despondency that would descend over her life. The mental and physical trauma that she would have to undergo if she were forced to carry the foetus and take on the onerous duties of motherhood is unimaginable.
This Court is of the firm opinion that if the petitioner was forced to go through with the pregnancy despite the same having been caused on account of the incident of sexual assault, it would permanently scar her psyche and cause grave and irreparable injury to her mental health. The Court cannot visualize a more egregious invasion of her right to life as guaranteed by Article 21 of the Constitution.
Drafted By Abhijit Mishra