MP High Court says rape survivors need no court nod for abortion up to 24 weeks
The Madhya Pradesh High Court has said that a rape survivor who wants to terminate a pregnancy of up to 24 weeks does not need
The Madhya Pradesh High Court has said that a rape survivor who wants to terminate a pregnancy of up to 24 weeks does not need the court's approval for it. The observation came from the Indore bench of the high court while dismissing a writ petition filed by the father of a 16-year-old rape survivor who had sought permission to terminate her pregnancy of around 18 weeks. Read Full Story Justice Sandeep N Bhatt, in an order passed on August 11, referred to a February 20, 2025 order of the high court's Jabalpur bench and said that in cases of sexual assault, rape or incest, victims whose pregnancy is up to 24 weeks do not need to approach the court in view of the relevant provisions of the Medical Termination of Pregnancy Act, 1971.
The court also directed the Commissioner of the State Health Department to communicate the order to all concerned hospitals, especially government hospitals, so they can deal with such cases in future. Petitioner's lawyer, Ashish Choubey, told PTI that the minor rape survivor, through her father, had moved the high court seeking appropriate directions for legal termination of the unwanted pregnancy. He said the girl did not want to continue with the pregnancy resulting from the rape as she was facing immense mental distress. The high court noted in the 2025 judgment that in the case of survivors of sexual assault, rape or incest, a pregnancy of up to 20 weeks may be terminated by a registered medical practitioner.
Where the pregnancy exceeds 20 weeks but does not exceed 24 weeks, it may be terminated by two registered medical practitioners in line with Section 3 of the Medical Termination of Pregnancy Act, 1971 and the rules framed under it, without resorting to judicial proceedings before the high court under Article 226 of the Constitution. The court had also said, "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." In sum, the high court said that rape survivors seeking termination of pregnancy up to 24 weeks do not need court approval, and asked the state health authorities to ensure hospitals are informed of this position.
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