High Court: Abortion Is A woman’s Right, 15 Year Old Girl Was Allowed To Keep Pregnancy

Prayagraj: In a major decision High Court gave a big decision in the case of a 15-year-old pregnant girl who was a rape victim, held that it is the woman’s own decision whether she wants to continue the pregnancy or get an abortion. However, the risk should be considered in such a case.

The bench of judges Shekhar B. Saraf and Manjeev Shukla talked to the girl and her parents. Then allowed her to keep the 32-week pregnancy. The court said- We believe that a woman has to decide for herself whether she wants to keep the pregnancy or not. No one else will take this decision. Here the consent of the woman is paramount.

Even if the girl decides to conceive and give the child for adoption, the state government has to ensure that this work is done privately. The government should ensure that the child, being a citizen of this country, is not deprived of the fundamental rights of the Constitution. Therefore, it is the duty of the state to ensure that the adoption process is also done in the right way. The principle of ‘best interest of the child’ should be followed.

Victim was living at her maternal uncle’s house. The maternal uncle had filed an FIR under section 363. It was said that a man lured my niece and took her away. After a few days, the niece somehow escaped from his clutches and ran away to me. The condition of the niece was very bad. She was admitted to the hospital. Then it was found out that she was 29 weeks pregnant.

Three different teams of doctors conducted medical examinations of the girl. The Chief Medical Officer (CMO) said in his report that continuing the pregnancy would affect the physical and mental health of the girl. However, abortion at this stage would endanger the girl’s life. On a question from the court, it was said that despite the risk, the victim’s parents were giving consent to terminate the pregnancy.

The court told the girl and her relatives about the risks involved in getting an abortion at 32 weeks of pregnancy. Finally, the girl and her parents agreed to keep the pregnancy. The parents also want to give up the child for adoption after it is born.