3 weeks ago
Madhya Pradesh HC Waives Court Approval for Rape Victims' Abortions
This news is about a court in India called the Madhya Pradesh High Court.
The court made an important decision about girls and women who have been hurt very badly.
Sometimes, when a woman or girl is attacked and becomes pregnant, she may not want to keep the baby.
In the past, she sometimes had to ask a court for special permission to end the pregnancy.
The court now says that is not needed for pregnancies up to 24 weeks.
If the pregnancy is less than 20 weeks, one doctor can help.
If it is between 20 and 24 weeks, two doctors can help.
A 16-year-old girl who was hurt asked the court for permission to end her pregnancy, but the court said she did not need to ask at all.
The judges also want hospitals to know this rule so it is easier for survivors.
The Madhya Pradesh High Court ruled that rape survivors do not need court approval to terminate pregnancies up to 24 weeks.
Justice Sandeep N Bhatt of the Indore bench made the observation on August 11 while dismissing a writ petition filed by the father of a 16-year-old rape victim.
The minor victim sought permission to terminate her around 18-week-old pregnancy, citing immense mental distress.
Citing a February 20, 2025 Jabalpur bench order, the court said under the Medical Termination of Pregnancy Act, 1971 one doctor can terminate pregnancies up to 20 weeks and two doctors are required for pregnancies between 20 and 24 weeks.
The court directed the Commissioner of the State Health Department to convey the order to all hospitals, especially government hospitals.
- Who
- Justice Sandeep N Bhatt of the Madhya Pradesh High Court's Indore bench, deciding a writ petition filed by the father of a 16-year-old rape victim.
- What
- The court ruled that rape, sexual assault, and incest survivors do not require judicial approval to terminate pregnancies up to 24 weeks.
- Where
- Indore bench of the Madhya Pradesh High Court, India.
- When
- Observations made on August 11, citing a February 20, 2025 order of the Jabalpur bench.
- Why
- To spare sexual assault survivors from judicial proceedings and to address the victim's immense mental distress from the unwanted pregnancy.
Key facts
- Court
- Madhya Pradesh High Court (Indore bench)
- Judge
- Justice Sandeep N Bhatt
- Date of observation
- August 11
- Pregnancy limit without court approval
- Up to 24 weeks
- Legal basis
- Medical Termination of Pregnancy Act, 1971
- Pregnancies up to 20 weeks
- Terminable by one registered medical practitioner
- Pregnancies 20-24 weeks
- Terminable by two registered medical practitioners
- Case details
- 16-year-old rape victim with an around 18-week pregnancy
Quotes
Justice Sandeep N Bhatt
Judge of the Madhya Pradesh High Court
“"It is also relevant to mention herein that Rule 6 (3) of the Protection of Children from Sexual Offences Rules, 2020 also enjoins upon the medical practitioner, hospital or other medical facility centre rendering emergency medical care to a child not to demand any legal or magisterial requisition or other documentation as a prerequisite to rendering such care."”
telegraphindia.com
Sources
Related news
Minor's consent not enough for abortion, Delhi High Court rules
MP High Court Orders Protection for Woman Facing Family Pressure
High Court Restores Two Children To Mother After Refusal
Pune Doctor Arrested Over Alleged Abortion Of Minor
Gujarat High Court Denies Doctor Bail in Abortion Case
Minor Allegedly Raped by Father; Baby Sold Using Fake Papers
Parents Oppose Dhar School Merger, Nearly 500 Girls Face Withdrawal
WII Begins Three-Year Study as MP Elephant Population Nears 100
Kukshi Seeks Drought Status After 205 Mm Rainfall Deficit
Five Dead, 30 Injured in Madhya Pradesh Bus-Truck Collision
Three Killed, Several Injured in Rewa Bus Collision
