Orissa HC allows 13-year-old rape survivor to medically terminate 27-week pregnancy

The Orissa High Court on Monday allowed a 13-year-old rape survivor to undergo a medical termination of her pregnancy, which was over 27 weeks, after recognising the severe risks it posed to her life and health.

The minor, from Kandhamal district, suffers from sickle cell anaemia and epilepsy, conditions that greatly increase the dangers associated with childbirth.

The Case:

The victim, belonging to a Scheduled Tribe community, was repeatedly raped last year by a local youth. Due to threats, she did not disclose the crime until her deteriorating health led her mother to seek medical help.

It was then revealed that she is over six weeks pregnant, surpassing the 24-week limit set under the Medical Termination of Pregnancy (MTP) Act.

Following an FIR lodged on February 11, the victim underwent a medical examination, confirming the pregnancy and associated health risks.

Victim's Parents Approached Orissa High Court:

The case was subsequently brought before the Orissa High Court, where her father sought permission for abortion, citing the life-threatening complications posed by the pregnancy.

The Medical Termination of Pregnancy (MTP) Act also allows abortion of pregnancy beyond 24 weeks for certain categories including minors and rape victims.

Directions Issued by the Orissa High Court in This Case:

The court, in its order last month had directed MKCG Medical College and Hospital at Berhampur to convene a Medical Board to assess her condition.

The Board concluded that carrying the pregnancy to term would pose a severe risk to the minor’s physical and mental health. In response to this report, the state government raised no objections to the petition, arguing that compelling the child to give birth would constitute a violation of her fundamental rights under Article 21 of the Constitution.

In delivering the judgement, Justice S K Panigrahi highlighted the significance of bodily autonomy and reproductive rights, observing that while the minor was unable to make an informed decision herself, she was represented by her legal guardians.

Further Statements By Orissa High Court For Similar Cases:

The Orissa High Court also criticised unnecessary judicial delays in such cases, stressing the need for a streamlined process for medical terminations in similar caces.

In addition to granting permission for termination, the court directed the Odisha government to formulate a Standard Operating Procedure (SOP) to ensure timely access to reproductive healthcare, minimise bureaucratic hurdles, and sensitize law enforcement agencies to handle such cases efficiently.

The SOP is to be finalized and implemented within six months, the high court ordered.