In a significant case involving a minor, the Madhya Pradesh High Court has declined to grant permission for the medical termination of a 29-week pregnancy for a 16-year-old rape survivor. The decision came after the girl explicitly refused the procedure, stating her desire to continue with the pregnancy.
Court's Decision Based on Minor's Consent and Medical Advice
The court was hearing a suo motu petition initiated after the district court in Sehore referred the matter. Justice Vishal Mishra, presiding over the bench, delivered the judgement. The court emphasized that the health and consent of the pregnant person are paramount in matters of reproductive choice and abortion.
In this instance, the survivor, aged around 16 years and 7 months, clearly denied consent for terminating the pregnancy. She expressed her wish to continue, citing that the accused in the rape case is her husband and she lives with him after marriage. The court noted statements from a counselling session conducted by a four-member team, where the girl reiterated her position.
Medical Board's Risk Assessment and Parental Disownment
The court also considered the report from a medical board, which advised against the Medical Termination of Pregnancy (MTP) at such an advanced stage. The board suggested that the procedure could pose significant risks to both the girl and the fetus.
Compounding the minor's vulnerable situation, the court recorded that her parents have disowned her and expressed unwillingness to keep her with them. With no familial support available, the court had to determine a safe future for the girl and her unborn child.
Child Welfare Committee Directed to Assume Responsibility
Given the circumstances, the High Court issued specific directives for the care of the minor. The court ordered that the delivery be conducted by an expert team of doctors at Bhopal's Hamidia Hospital to ensure medical safety.
Furthermore, the bench directed the Child Welfare Committee (CWC) of the district to take the survivor and her child under its care after the delivery. The CWC will be responsible for them until the girl attains the age of majority, providing necessary shelter and support.
Justice Mishra concluded that in light of the medical report, the counselling proceedings, and most critically, the victim's own refusal for termination, permission for MTP could not be granted. The court's ruling underscores the complex interplay between legal provisions, medical ethics, and the autonomy of minors in distressing situations.
