Delhi HC rules compelling rape survivor to continue pregnancy impairs her right to dignity

New Delhi , September 15
Compelling a rape survivor to continue with a pregnancy resulting from the crime and fastening the responsibility of motherhood on her against her will would amount to a serious impairment of her right to live with dignity, the Delhi High Court has held.

The court made the observations while allowing a plea on behalf of a 15-year-old rape survivor seeking the termination of her pregnancy, which had exceeded 30 weeks of gestation.

Under Section 3 of the Medical Termination of Pregnancy Act, termination of pregnancy beyond 20 weeks and up to 24 weeks is permissible in respect of specified categories of women, subject to the statutory requirements.

Terming it an unfortunate and distressing case, Justice Madhu Jain said the fact that the pregnancy had crossed the statutory limit, by itself, could not be viewed in isolation. It said that a woman’s right in relation to her body necessarily included the right to decide whether or not she wished to become a mother.