The Rajasthan High Court has made a significant ruling in a sensitive case involving a 16-year-old girl, refusing to permit medical termination of her pregnancy at 26 weeks. This decision came despite her parents' strong opposition and the circumstances of the pregnancy, which allegedly resulted from kidnapping and sexual assault in April 2025.
Court's Rationale: Minor's Autonomy and Medical Concerns
Justice Maneesh Sharma, presiding over the case, emphasized multiple factors in reaching this judgment. The court carefully considered the advanced gestational stage of 26 weeks and 5 days, along with the substantial medical risks associated with termination at this late stage. Medical board reports explicitly warned that proceeding with abortion would pose higher risks to both the minor and the fetus compared to continuing the pregnancy to term.
The Minor's Expressed Wishes
Perhaps most crucially, the court noted the minor's clear and consistent position during counselling sessions. Despite her parents' desire for termination, the 16-year-old expressed "absolute unwillingness" to end her pregnancy and instead wished to give birth. This personal autonomy became a central consideration in the court's deliberations.
Legal Arguments and Counterpoints
The petitioner's counsel, advocate Devyani Rathore, presented compelling arguments for termination. She emphasized that the minor, being both a rape survivor and unmarried, would face severe mental, physical, emotional, and social trauma if forced to continue the pregnancy. Rathore referenced the Medical Termination of Pregnancy Act, 1971, and relevant Supreme Court judgments to support her client's plea.
However, the state's representation through medical and health secretariat Manoj Sharma presented countervailing medical evidence. The January 2026 medical board report clearly indicated that termination at this advanced stage carried unacceptable risks, tipping the balance against intervention.
Court's Protective Directions
While denying the termination request, the court issued comprehensive protective measures:
- The state must provide all necessary care, nutritious food, and medical attendance before and after delivery
- The concerned hospital must ensure complete medical facilities without any charges or expenses
- Delivery must occur in a safe environment with proper medical supervision
- The survivor's identity must remain confidential throughout hospitalization and treatment
- The survivor or guardian may choose to put the child up for adoption if desired
Comparative Context
This ruling stands in contrast to other recent cases, such as the Karnataka High Court's permission for termination in a similar 26-week pregnancy of a minor rape survivor. The Delhi High Court also recently stayed termination of a 27-week pregnancy after AIIMS expressed medical concerns, highlighting the complex balancing act courts face in such sensitive matters.
The Rajasthan High Court's decision underscores the evolving legal landscape where minor autonomy, medical considerations, and parental wishes must be carefully weighed in reproductive rights cases involving adolescents.
