High Court Grants 16-Year-Old Rape Victim Permission to Give Birth, Declares Reproductive Freedom as Fundamental Right

This landmark ruling was a response to a communication from the Nainpur Sessions Court in Mandla district, which sought guidance on the matter concerning the pregnant minor victim. The Sessions Court had reached out to the High Court to address the complexities surrounding the victim’s pregnancy, prompting the higher court to take a closer look at the situation.

During the proceedings, the High Court requested a medical evaluation of the victim to better understand her condition. The Medical Board’s report indicated that the victim, aged 16 and a half, was in the gestational period of 28 to 30 weeks. The medical professionals advised that terminating the pregnancy at this stage would pose significant risks to her health and safety.

Justice Vishal Mishra, presiding over the case, noted that both the victim and her parents had expressed their desire against proceeding with an abortion. The parents indicated they were unwilling to raise the child themselves, but the victim articulated her intent to carry the pregnancy to term and keep the child with her. This expression of agency by the minor was a crucial aspect of the court’s deliberation.

In light of these circumstances, the High Court issued a directive for the victim to be placed in the care of the Child Welfare Committee (CWC). The court ordered that until she reaches adulthood, the victim would be under the guardianship of the CWC, ensuring her well-being and access to necessary medical care. Furthermore, it was mandated that the state government would cover all medical expenses related to her delivery and any subsequent care required.