
Why Uttarakhand High Court’s order to allow rape survivor to terminate 28-week foetus is significant
FirstpostThe petitioner had stated that being forced to continue with the unwanted pregnancy was extremely deleterious to her mental and emotional well-being “There is a right to terminate pregnancy on ground of rape. She has also right not to carry pregnancy subject to the conditions as enumerated under the provisions of the Act.” With these words, the Uttarakhand High Court allowed the termination of a 28-week foetus of a 16-year-old rape victim. The father of the minor petitioner has expressed that the petitioner is not in a position to continue the pregnancy and if the petitioner is not permitted to terminate her pregnancy, there is possible grave injury to her physical and mental health.” The judge also raised the point that Explanation 2 to Section 3 of the Medical Termination of Pregnancy Act, there is a presumption that pregnancy through rape can be constituted as grave injury to the mental health of the pregnant woman. In April 2020, the Kerala High Court allowed the termination of 24-week pregnancy of a minor rape survivor in the state.
History of this topic

HC rejects rape survivor’s plea for termination of 32-week pregnancy
Hindustan Times
Man Gets Death for Rape, Murder of 5-Year-Old Girl in Madhya Pradesh
Deccan Chronicle
Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC
Live Law
Rajasthan HC allows minor survivor to abort 27-week foetus
Hindustan Times
Rape survivor allowed to abort 28-wk pregnancy
New Indian Express
Rajasthan High Court allows abortion for 13-year-old rape victim who is seven months pregnant
New Indian Express
Can't Force 13-Yr-Old Rape Victim Into Motherhood: Orissa High Court Permits Termination Of 26 Weeks Pregnancy
Live Law
Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim
Live Law
UP court sentences 17-yr-old to 20 yrs of prison for raping, impregnating minor
Hindustan Times
Madhya Pradesh High Court Lays Down SOP For Termination Of Pregnancy Upto & Beyond 24 Weeks In Sexual Assault Cases
Live Law
Orissa HC seeks medical opinion on abortion of rape survivor
New Indian Express
'To Protect Interest Of Minor Victims, Preserve Evidence': Kerala HC Directs Doctors To Preserve Foetuses After Performing Abortion On Minors
Live Law
Bombay High Court allows woman to terminate 25-week pregnancy at private hospital
India Today
Rape survivors have right to say ‘no’ to motherhood: Allahabad HC
Hindustan Times
Woman Has Right To Say 'Yes Or No' To Motherhood: Allahabad HC Orders Medical Board To Examine Minor Sexual Abuse Victim's Pregnancy
Live Law
Rapist sentenced to 25 years of rigorous imprisonment based on DNA test of aborted fetus
New Indian Express
Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court
Live Law
Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC
Live Law
Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor
Live Law
MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape
Deccan Chronicle
Chhattisgarh HC Allows Termination of Minor Rape Survivor's Pregnancy
Deccan Chronicle
Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy
Live Law
Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
Live Law
Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
Live Law
In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped
Live Law
Gauhati HC Orders Termination of 14-Year-Old Rape Survivor’s Pregnancy
Deccan Chronicle
No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
Live Law
Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
Live Law
Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
Live Law
High Court Upholds Conviction Despite Girl's Testimony Being Unshaken
Live Law
Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
Live Law
Bombay High Court upholds teenager’s right to reproductive freedom
The Hindu
Mental health risk: Delhi HC allows woman to abort 22-week foetus
Hindustan Times
HC allows 28-week pregnant woman awaiting divorce to abort foetus
Hindustan Times
Woman’s decision to continue pregnancy or choose termination: HC
Hindustan Times
Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth
Live Law
12-yr-old rape survivor stable after abortion in Telangana
New Indian Express
Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why
Hindustan Times
MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
Live Law
MP HC Allows Termination of Teen's Pregnancy, Directs Preservation of Foetus
Deccan Chronicle
Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18
Deccan Chronicle
Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
Live Law
SC Rejects Plea Seeking Permission to Terminate Over 25-week Pregnancy
News 18
Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
Live Law
MP high court allows medical termination of pregnancy of minor rape survivor
Hindustan Times
'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy
Live Law
'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
ABP News
Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
The Hindu
SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
Hindustan Times
Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
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