Rajasthan High Court: The Life of a Rape Victim Outweighs the Life of the Child in her Womb

Must Read

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration,...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be...

Follow us

The Rajasthan High Court bench turned down the petition to end the child’s pregnancy. It held that the baby in the belly reserved an option to live as ensured under Article 21 of the Constitution. Moreover, other supporting reasons referred to are as follows:

  1. The balance was inclined to a child in the belly w.r.t. right to life opposite the clinical end of the pregnancy.
  2. The mother of the rape survivor recorded the petition. She was unable to comprehend what the expecting mother would feel.
  3. An NGO had consented to take in the child after his birth.

Be that as it may, this judgment conflicted with the very standards of MTPA (Medical Termination of Pregnancy Act). The Hon’ble High Court couldn’t find a way to help the rape victim in this situation. It wishes to give better alleviation to future cases.

Arguments Advanced 

The Court weighed the right to life of the child rape victim and the right to life of the fetus. The contention was that in cases where pregnancy is a result of sexual assault, the precedence of the former’s rights is of importance. If it allows the pregnancy, the minor girl’s right to life would be infringed. It would also cause “grave injury” to the mental health of the young victim. Adding salt to this wound is the fact that if the pregnancy is not allowed to be terminated her fundamental right to avoid the after-effects of the pregnancy would be permanently extinguished.

It was further argued that she would be forced to go through the trauma of giving birth at such a tender age. Moreover, it is a clear violation of Article 21 of the victim which has sworn to protect a women’s privacy, dignity, and bodily integrity. Another after-effect of this predicament; the forced unborn child would fall in the category of a child in need of care and protection under the Juvenile Justice Act.

Court’s Observation

The High Court set the record straight and gave the following directions and observations:

1. State Government shall frame guidelines. They must provide timely legal and medical help to rape victims who become pregnant because of the sexual assault.

2. Once the complaint of the assault has been filed, the Medical Officer/SHO shall forward it to the Full Time Secretary, District Legal Service Authority. He shall then approach the victim with a female counsellor. He shall then sensitize her and her guardians about the remedies under the MTP Act.

3. If the filing of the application for termination of the pregnancy is in 20 weeks (as per the Act), it shall be resolved within three days.

4. In case the 20-weeks deadline expires, the Full Time Secretary, District Legal Services Authority shall assist the victim’s guardian in filing the application in the High Court.

5. Protection of the victim’s identity is a must at all stages of the process.

Court’s Order

A division bench comprising of Justice Sandeep Mehta and Dr Justice Pushpendra Singh Bhati rendered the judgment. They stated that “the right of a child rape victim to make the reproductive choice of terminating the fetus heavily outweighs the right of the child in the fetus womb to be born even where the pregnancy is at an advanced stage”.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

Latest News

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract. It reiterated that mere delay...

More Articles Like This

- Advertisement -