Orissa High Court allows abortion for rape survivor, orders DNA test

The Orissa High Court on Wednesday delivered a significant ruling, granting permission for abortion to a rape survivor. The decision was pronounced after hearing a petition filed by a victim in connection with the case.

Taking into account the physical and mental health of the survivor, the court allowed the termination of pregnancy and also permitted a DNA examination of the foetus. 

In her petition, the survivor stated that the pregnancy was involuntary and directly linked to a sexual assault. She had earlier lodged a complaint at the Rourkela Women Police Station. The case was initially registered as a 'zero FIR' and was later transferred to Binjharpur Police Station for further investigation.

The ruling is being viewed as an important step towards safeguarding the rights, dignity, and well-being of survivors of sexual assault.

During the hearing, the court took note that the survivor’s pregnancy had reached around 21 weeks and 4 days. Under the Medical Termination of Pregnancy Act, there is a prescribed time limit for the termination of pregnancy.

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However, based on a special Standard Operating Procedure (SOP) issued by the state government in September 2025, provisions exist for the termination of pregnancy in cases involving minors and other complex circumstances. Taking all these aspects into consideration, the High Court granted permission for termination of the survivor’s pregnancy and also directed that a DNA test of the foetus be conducted. The DNA report will be used as evidence against the accused.

Considering the sensitive nature of the case, the court further directed that the survivor be provided with immediate medical care and facilities.

"Hearing the case, the High Court has directed the investigation officer to collect the samples from the doctor for evidence in the investigation. The Court has also ordered to terminate pregnancy under the MTP Act within two weeks," said the victim's lawyer, Sushant Sekhar Parida.