Victim v. State of Rajasthan & Ors., 2025
The Court balanced the health risks involved in late-term termination against the trauma experienced by the minor, prioritizing medical safety.
Judgement Details
Court
Rajasthan High Court
Date of Decision
28 August 2025
Judges
Justice Anoop Kumar Dhand
Citation
Acts / Provisions
Facts of the Case
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The High Court considered the plea for medical termination of pregnancy of a 17-year-old hearing and verbally impaired minor rape survivor carrying a pregnancy of over 32 weeks.
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The medical board examined the survivor and submitted an adverse opinion indicating serious risks to both the mother and the fetus if termination was permitted.
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The board noted the fetus had a heartbeat and that due to the minor's weakness, low blood pressure, and blood deficiency, termination would be unsafe and life-threatening.
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The petitioner's delay in approaching the court aggravated the situation, limiting medical options.
Issues
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Whether termination of pregnancy beyond 32 weeks is permissible on medical and legal grounds for a minor rape survivor?
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How to balance the rights and health of the minor survivor against the viability of the fetus?
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What relief and compensation measures are available for the minor survivor?
Judgement
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The Court relied heavily on the medical board’s opinion that termination at this advanced stage would pose a serious risk to both mother and fetus.
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Citing precedents from Supreme Court and High Courts, the Court held that termination beyond 32 weeks is generally not advisable, even for minor rape survivors.
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The Court dismissed the plea for termination on the grounds of medical safety and lack of material to contradict the medical opinion.
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It was directed that the delivery must be conducted in a safe medical environment.
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It was ordered the Child Welfare Committee to take custody of the newborn child post-delivery.
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It was stated that if the minor consents, adoption procedures may be initiated as per law by CARA or relevant State Agencies.
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It was directed the Rajasthan State Legal Services Authority and the District Legal Services Authority to pay compensation to the petitioner under the Rajasthan Victim Compensation Scheme, 2011, within 3 months.
Held
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Medical termination of pregnancy beyond 32 weeks is not permitted where medical opinion warns of serious health risks.
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The minor rape survivor’s plea was rejected based on medical safety and procedural grounds.
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The court ensured the minor’s rights through directions for safe delivery, custody arrangements, possible adoption, and victim compensation.
Analysis
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The Court balanced the health risks involved in late-term termination against the trauma experienced by the minor, prioritizing medical safety.
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It reinforced legal precedents that termination beyond 20 weeks is generally restricted unless compelling medical reasons exist.
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The decision highlights the sensitive nature of cases involving minor survivors and the complexities around pregnancy termination laws.
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It also ensures protective measures for both the mother and the child, along with victim support through compensation.