Rajasthan High Court allows 13-year-old rape victim to abort over 26 week foetus

Jaipur, March 11 (IANS) The Rajasthan High Court has allowed a 13-year-old rape victim to medically terminate her over 26-week foetus, saying continuing the pregnancy would result in lifelong suffering, including the burden of child maintenance and other associated challenges.

A bench of Justice Sudesh Bansal also emphasised the potential harm to the victim’s mental health by continuing the pregnancy.

Advocate Sonia Shandilya, representing the rape victim, told IANS that the court directed the Superintendent of the Women’s Hospital in Sanganer (Jaipur) to facilitate the abortion under the supervision of a medical board.

“If the foetus is found alive, all necessary arrangements will be made to ensure its survival, with future care to be funded by the state government. If the foetus does not survive, its tissues will be preserved for DNA analysis,” the bench said.

Advocate Shandilya said the girl was over 26 weeks pregnant and her parents also supported the abortion.

During the hearing, the legal team referenced past cases where courts, including the Supreme Court, permitted abortions beyond 28 weeks of pregnancy.

The advocate also highlighted that under the Medical Termination of Pregnancy (MTP) Act, 1971, pregnancy resulting from rape is legally considered a serious mental health risk to the victim, justifying medical termination.

Notably, court permission is not required before 24 weeks.

In a related case in December 2024, a division bench led by the Chief Justice of the Rajasthan High Court had indicated plans to issue guidelines for handling abortion requests from rape survivors.

The bench reaffirmed that, under the MTP Act, 1971, the court’s approval is not required for abortions up to 24 weeks of pregnancy. However, beyond this period, legal permission is necessary, said the advocate.

–IANS

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