No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
Live LawUpholding an order dismissing a father's plea seeking termination of his daughter's over 24-week pregnancy who was allegedly trafficked and raped, the Jaipur bench of the Rajasthan High Court took suo motu cognizance of the issue noting that there was no obligation in law on the State to apprise a sexual assault survivor of her right to termination. In the first medical report, it was opined that termination of pregnancy would involve "very high risk" to the life of the girl as well as the foetus. The court also noted that "opinions had been rendered by two medical boards" which predominantly declared high risk involved in terminating pregnancy, and that terminating it would lead to higher risk than continuing it. On the fact that plea for termination was moved belatedly, the court said,“A very crucial aspect of the presence case is that though the learned Single Judge proceeded with utmost expedition and decided the case in few days after obtaining reports one after another in quick succession, the appellant, through her natural guardian took almost one month to file present appeal with the result that now the appellant is at an advances stage of pregnancy of 31-32 weeks. Therefore, as on the date, decision has to be taken keeping in view the advanced stage of pregnancy of the appellant-victim.” In doing so the court also underscored that while it was not oblivious to the girl's fundamental right of reproductive choice, the agony and the stress which she would undergo to carry the pregnancy, however subjecting her to termination would increase risk to her life, which as a Constitutional Court committed to protecting citizens' lives it cannot allow.