Uttarakhand High Court’s big decision: Court said 16-year-old rape victim has the right to abort 8 months of pregnancy, complete the action in 48 hours

The Uttarakhand High Court has allowed a 16-year-old rape victim to terminate the pregnancy at 28 weeks 5 days (about 8 months). The court said in its order that the victim has the right to an abortion on the basis of rape. The life of the rape victim matters more than the fetus in the womb. The decision was given by a single bench of Justice Alok Kumar Verma.

The court has directed that the abortion of the victim will take place under the guidance of the Medical Termination Board and under the supervision of the CMHO of Chamoli. This process should happen within 48 hours. During this, if there is any risk to the life of the victim, then it should be stopped immediately.

This order is important because under the Medical Termination of Pregnancy Act, only a pregnancy of 24 weeks can be terminated.

this is the whole matter
A 16-year-old rape victim from Garhwal had lodged an FIR in Chamoli on January 12, under Section 376 of the IPC and Section 6 of the Protection of Children from Sexual Offenses Act 2012, in Chamoli through her father. The sonography of the victim revealed a pregnancy of more than 28 weeks. After the investigation, it was said that there is a risk to the life of the mother, so it is not right to do abortion at this stage. The medical board had said that if you abort a pregnancy of 8 months, then the life of the victim can be lost. He also said that the baby may be abnormal at this stage of pregnancy.

Referring to the decisions of the Supreme Court
The counsel for the victim argued in favor of termination of pregnancy, saying that the Supreme Court in 2018 had allowed termination of pregnancy in a case where the time of pregnancy was 25-26 weeks. In the case of Sharmistha Chakraborty this year also, the Supreme Court had ordered an end to the 26-week pregnancy. In a 2007 case also, the Supreme Court had allowed a 13-year-old victim to have an abortion.

Right to live does not mean just to be alive
The court said that the right to life means much more than being alive or the existence of a human being. It includes the right to live with human dignity. The minor’s father says that his daughter is not in a position to continue the pregnancy. If abortion is allowed, it will have a very bad effect on her body and mind.

The Bench, while delivering the judgment, observed that the Supreme Court has held that the right to make reproductive choices is also an aspect of individual liberty. At the same time, the woman can take all necessary steps to save her life from dangers.

fundamental right will be violated
The court said that the pain caused by the pregnancy would amount to injury to the mental health of the woman. In such a situation, if the victim is forced to continue with the pregnancy, it will be a violation of her right to live with human dignity as per the constitution.

If the child is born alive, what name will she give him, how will he be brought up, when he himself is a minor. She never wants to remember the rape that happened to her. Therefore, it would be justice to allow pregnancy termination.