LI Network
Published on: January 10, 2024 at 11:00 IST
The Madhya Pradesh High Court, Jabalpur bench, has introduced a distinctive condition for terminating a pregnancy, specifying that a minor rape victim and her father must submit an affidavit assuring they won’t retract their statement against the accused during the trial.
Justice GS Ahluwalia instructed the 17-year-old victim and her father to provide this affidavit to the investigating officer handling the rape case.
The Court mandated that before the termination of the pregnancy, the father should submit an affidavit to the CJM, Sagar, confirming the rape allegations against the accused. Both the victim and her father were also required to submit an affidavit to the Investigating Officer, affirming their commitment to maintaining their statements throughout the trial.
Only after acquiring these affidavits, the investigating officer was directed to present them to the medical board, permitting the termination of the pregnancy as per the court’s order.
Furthermore, the Court directed the trial court to submit a report to the Registrar General if the victim turns hostile during trial proceedings, denying the rape allegations or claiming to be of legal age.
The case involved a 17-year-old seeking termination of a nine-week pregnancy resulting from rape, as indicated in an earlier FIR against the accused. The medical board’s examination confirmed the feasibility of pregnancy termination, leading the court to grant the request.
Justice Ahluwalia, highlighting the sensitive nature of the case involving a minor carrying a rapist’s child, emphasized the potential life-threatening risks and social stigma for the victim.
The Court also ordered protection of the foetus for DNA testing, involving samples from both the victim and the accused.
After the termination, the state of Madhya Pradesh was directed to ensure the postoperative care of the victim.
Additionally, the Court mandated the victim’s father to submit a consent affidavit for the pregnancy termination.
