Rajasthan High Court Permits Abortion for 13-year-old Rape Survivor Beyond 26 Weeks

JAIPUR:
The Rajasthan High Court has granted permission for a 13-year-old rape survivor to undergo a medical termination of pregnancy, despite her being over 26 weeks pregnant. The court emphasized that continuing the pregnancy would lead to lifelong suffering and psychological distress.

Justice Sudesh Bansal, presiding over the case, underscored the mental and emotional trauma the minor would endure if forced to carry the pregnancy to term. The court directed the Superintendent of the Women’s Hospital in Sanganer, Jaipur, to facilitate the procedure under medical supervision.

Advocate Sonia Shandilya, representing the survivor, stated that if the foetus is found alive during the procedure, necessary medical care will be provided, with future support to be covered by the state government. If the foetus does not survive, its tissues will be preserved for DNA analysis.

The court referenced past rulings where similar abortions beyond 28 weeks had been permitted. The advocate further highlighted that under the Medical Termination of Pregnancy (MTP) Act, 1971, pregnancies resulting from rape are legally recognized as posing a serious mental health risk to the victim, thereby justifying abortion.

While abortions within 24 weeks do not require court approval, legal intervention is necessary beyond this period. In a similar case in December 2024, the Rajasthan High Court had hinted at issuing guidelines for handling abortion requests from rape survivors, ensuring their rights and well-being are safeguarded.