Nagpur: The High Court has granted permission to an 18-year-old rape survivor to terminate her 31-week pregnancy, highlighting a woman’s exclusive right over her own body.
The bench of Justice Anil Pansare and Justice Siddheshwar Thombre considered the survivor’s physical and mental distress and agreed with her decision to terminate the pregnancy. The court referenced Supreme Court rulings, emphasizing that a woman has the ultimate authority to decide on abortion.
Under the direction of the court, the Dean of Government Medical College & Hospital, Akola, constituted a medical board to evaluate the survivor’s health, the fetus’ condition, and the risks associated with the procedure. The board reported that a 31-week abortion carries high medical risks, including serious complications for both mother and fetus, and potentially life-threatening situations. However, with the informed consent of the survivor and her family, the procedure can be carried out.
Gold Rate
12 Oct 2025
The court also cited constitutional rights under Article 21, noting that the burden of an unwanted pregnancy falls entirely on the woman, and she has the right to protect her physical and mental health. While the Medical Termination of Pregnancy Act, 1971 generally permits abortions up to 24 weeks for rape survivors, the court exercised special powers in this exceptional case.
The survivor’s lawyer confirmed that she and her parents were fully informed of the risks but chose to proceed with the termination. The court also referred to prior Supreme Court judgments emphasizing that pregnancies resulting from sexual assault outside of marriage can cause severe trauma and stress to a woman’s health.
The High Court directed the Akola hospital dean to carry out the procedure as soon as possible, following all safety protocols and obtaining written consent from the survivor and her parents. Additionally, the court ordered that the fetus’ DNA be preserved and handed over to the investigating officer at Tamgaon Police Station, Buldhana district for official records.
