The Rajasthan High Court refused to permit the termination of a 32–34-week pregnancy of a minor rape survivor, citing the advanced gestational age, viability of the foetus, and absence of substantial foetal abnormality or maternal risk as per the report of a duly constituted Medical Board.
The Court held that the conditions under Sections 3(2B) or 5 of the Medical Termination of Pregnancy (MTP) Act, 1971, as amended in 2021, were not met. The medical report clearly stated that termination at this stage was unsafe and not feasible. Accordingly, the petition was dismissed.
However, the Court took this opportunity to issue detailed institutional guidelines to ensure early detection, timely intervention, and support mechanisms in similar cases involving rape survivors, especially minors or persons of unsound mind.
Guidelines for Cases Involving Minor Victims / Persons of Unsound Mind:
Immediate Medical Examination: IO must ensure medical examination within 24 hours of FIR registration.
Regular Pregnancy Screening: Over the next 8 weeks, the IO must facilitate sonography or relevant medical tests every 14 days to detect pregnancy early.
Presence and Consent of Guardians: All medical tests should be conducted in the presence of parents/guardians. The IO and hospital staff must explain the purpose and legal significance of these tests before proceeding.
Referral to DLSA upon Detection of Pregnancy: Victim to be referred immediately to the District Legal Services Authority (DLSA) for counselling and support.
Counselling in Privacy at Victim’s Home: DLSA to counsel the victim and guardians at their residence, ensuring privacy and emotional comfort.
Constitution of Medical Board (if pregnancy is near or beyond 20 weeks): A Medical Board must be constituted within 48 hours to assess the feasibility of MTP and submit its report to the jurisdictional court.
Documentation and Reporting: A report of the counselling must be sent to the Rajasthan State Legal Services Authority (RSLSA) and the concerned POCSO Court.
Free Legal Aid for Termination Proceedings: Victims intending to terminate pregnancy must be provided free legal assistance for all required legal processes.
Medical Staff Sensitisation: All government hospitals must maintain a specialised team of doctors, sensitised every six months on how to treat minor patients with privacy, dignity, and respect.
Guidelines for Cases Involving Adult Victims:
Prompt Medical Examination Within 24 Hours
Sonography Tests Every 14 Days (based on victim’s consent)
Immediate Referral to DLSA upon Pregnancy Detection
Private Counselling at Victim’s Residence
Constitution of Medical Board within 48 Hours (for late-stage pregnancy)
Submission of Counselling Report to RSLSA and Appropriate Court
Provision of Free Legal Aid for Termination Proceedings
General Directions and Observations:
Delay in approaching courts beyond the 24-week MTP ceiling significantly limits legal remedies.
Timely detection and institutional awareness are critical to uphold a woman’s bodily autonomy and reproductive rights.
The foetus’s viability must be balanced against the right of the woman, especially in late-term pregnancies.
The Court ordered that a copy of this judgment be sent to Rajasthan State Legal Services Authority (RSLSA) for circulation to all DLSAs and Director General of Police, Rajasthan, for compliance and awareness among investigating officers
While expressing sympathy for the petitioner, the Court observed that it was bound by medical evidence and statutory limits. However, it hoped that the guidelines issued would prevent procedural delays and help ensure timely access to MTP in similar future cases.
Appearances:
Petitioners: Ms. Sonia Shandilya;
Respondents: Mr. Bhuwnesh Sharma, AAG with Mr. Yash Sharma for Mr. Vigyan Shah, AAG