Chhattisgarh HC Allows 21-Year-Old Rape Complainant To Terminate 12-Week Pregnancy, Citing Presumed Grave Mental Injury

The petitioner, an unmarried 21-year-old woman, alleged that she had been sexually exploited on the false promise of marriage and lodged a police complaint, following which Crime No. 715/2026 was registered under Section 376 IPC.

An ultrasound initially indicated an eight-week pregnancy; the Medical Board later assessed the pregnancy at 12 weeks and reported that termination was medically feasible and that the petitioner was fit for the procedure.

She sought permission to terminate the pregnancy, stating that she did not wish to continue it.

Section 3(2)(a) of the Medical Termination of Pregnancy Act, 1971 permits termination of a pregnancy not exceeding 20 weeks where a registered medical practitioner, acting in good faith, forms the opinion that continuation would involve a risk to the pregnant woman’s life or grave injury to her physical or mental health. Explanation 2 to Section 3(2) presumes that the anguish caused by a pregnancy alleged to have resulted from rape constitutes grave injury to the woman’s mental health; Section 3(4)(b) requires the consent of the pregnant woman, except in the circumstances specified in clause (a).

The Court also relied on Article 21 and Supreme Court decisions recognising reproductive autonomy and the woman’s decisional and bodily autonomy, including X v. Health & Family Welfare Department, and authorities concerning termination of unwanted pregnancies.

The petitioner was an adult, had clearly expressed her informed wish not to continue the pregnancy, and the Medical Board found her medically fit for termination at 12 weeks.

Because the pregnancy was alleged to have resulted from rape, Explanation 2 to Section 3(2) attracted the statutory presumption of grave injury to her mental health.

The Court reasoned that forcing her to continue the pregnancy would compound the trauma and interfere with her dignity, bodily integrity and reproductive autonomy under Article 21.

It therefore found no legal impediment to termination.

The Court directed that the petitioner be admitted within one week to the District Hospital/Associated Government Medical College Hospital, Bilaspur, or another suitably equipped government hospital, and that termination be performed by a qualified medical team in accordance with the MTP Act and applicable medical protocols.

The Court directed that the petitioner’s written consent be obtained and, additionally, that her father/guardian’s consent and concurrence be obtained; the procedure’s risks and requirements were to be explained to them.

The order also required logistical and medical assistance, protection of the petitioner’s privacy, preservation of relevant forensic samples, and submission of a compliance report.