‘Consent is Paramount’: Allahabad HC Permits 31-Week Abortion for Minor Rape Survivor Despite Medical Board’s Warning
The minor, aged 17 and a half, had moved the court through her father, seeking medical termination of pregnancy caused due to sexual assault.
Despite a medical board’s warning that terminating a 31-week pregnancy could pose risks to both the mother and the unborn child, the Allahabad High Court has granted permission to a minor rape survivor to undergo abortion, stressing that her consent and reproductive autonomy are protected under the Constitution.
The 17-and-a-half-year-old girl had filed a plea through her father, requesting permission for abortion due to a pregnancy arising from rape. A case under the POCSO Act and the Bharatiya Nyaya Sanhita is currently in progress.
Earlier, the girl had approached the Chief Judicial Magistrate in Agra, who referred the matter to a medical board. After conducting two rounds of examinations, the board stated that the pregnancy had crossed 29 weeks and that terminating it would be dangerous for both the minor and the foetus. By the time the matter was heard by the High Court, the foetus was around 31 weeks old.
However, the court was not convinced by medical caution alone. During a special hearing, Justices Manoj Kumar Gupta and Ram Manohar Narayan Mishra observed that the minor had experienced trauma, and her physical and mental condition was “fragile”. Psychiatric counselling sessions revealed that the minor and her family were aware of the medical risks involved but were firm in their decision to proceed with the abortion.
In a confidential report submitted to the court, the counsellors noted that the petitioner and her family had considered all alternatives but were unwilling to continue with the pregnancy under any condition, citing emotional trauma, societal stigma, and financial difficulties.
The state counsel, Rajiv Gupta, informed the court that the medical college had attempted to convince the girl otherwise, but the team was unable to change her mind. “She is mentally unstable and coping with severe trauma,” he submitted.
Considering the situation, the court referred to recent Supreme Court judgments, such as A (Mother of X) v State of Maharashtra (2024) and XYZ v State of Gujarat (2023), which held that the right to abortion is an integral part of the fundamental rights to dignity, privacy, and bodily autonomy.
“The consent of the pregnant person in matters of reproductive choice and pregnancy termination is of utmost importance,” the Allahabad High Court observed, adding that denying abortion in rape cases, particularly those involving minors, could be arbitrary and unjustified.
Describing it as a “difficult yet essential” judgment, the court allowed the abortion and instructed the principal of SN Medical College, Agra, to constitute a team of experts to carry out the procedure promptly. The court also ordered the District Magistrate to bear all medical and travel-related expenses of the petitioner. The foetus is to be preserved for forensic examination.
The court further ordered strict confidentiality regarding the survivor’s identity and expressed appreciation for the medical team’s handling of the sensitive matter.
