Chhattisgarh High Court Grants Abortion Permission to Six-Month Pregnant Minor Rape Survivor

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Chhattisgarh High Court Grants Abortion Permission to Six-Month Pregnant Minor Rape Survivor

In a sensitive ruling during winter vacation, the Chhattisgarh High Court has allowed a 16-year-old rape survivor, approximately six months pregnant, to terminate her pregnancy, emphasizing her right to decide her future.

Justice P.P. Sahu conducted a special hearing on December 22, directing Raipur's Dr. B.R. Ambedkar Memorial Hospital and Pandit Jawaharlal Nehru Medical College to perform the procedure today under expert supervision.

The court relied on a medical board report confirming no serious risks to the minor's health. It also ordered preservation of the foetal DNA sample to aid the ongoing criminal investigation against the accused.

The minor from Raipur district fell victim after the accused lured her with promises of love and marriage, leading to repeated assaults. Family members grew suspicious as her pregnancy became visible, prompting medical confirmation of 25 weeks gestation.

Her guardians petitioned the court for termination. On December 19, notices were issued for a medical opinion, which cleared the procedure.

Justice Sahu stressed that rape survivors deserve the freedom to choose whether to continue or end such a pregnancy, aligning with provisions under the Medical Termination of Pregnancy Act, 1971.

The procedure must follow statutory guidelines, involving at least two registered practitioners. The minor and family are required to coordinate with hospital authorities.

This case highlights recurring judicial interventions in late-term terminations for assault victims, balancing health risks, mental trauma, and evidentiary needs in prosecutions.

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