CUTTACK: The Orissa High Court on Monday allowed termination of more than 26-weeks pregnancy of a minor rape survivor who is also suffering from sickle cell disease and epilepsy.
The court directed the authorities to ensure the procedure is carried out without further delay or obstruction.
The judgment was delivered on a petition filed by the father of the 13-year-old girl seeking intervention for termination of her pregnancy.
Provisions of the Medical Termination of Pregnancy (Amendment) Act, 2021 do not permit a woman to terminate pregnancy, if it has crossed 24 weeks, without seeking the high court’s permission.
Justice SK Panigrahi said, “In light of the legal framework, the medical opinion, and the fundamental rights at stake, this court finds no justification to deny the petitioner’s plea.The law is not meant to stand in the way of dignity and justice but to uphold them. The medical termination of pregnancy in this case is not only legally permissible but also morally imperative.”
A medical board convened at the MKCG medical college and hospital in Berhampur had submitted a report emphasising the necessity of immediate medical intervention to safeguard her health and life.
As recorded in the HC order, the incident of repeated rape of the minor girl occurred within G Udaygiri police limits in August 2024. The pregnancy was discovered at a late stage, beyond the 24-week limit. Police registered a case on the basis of a complaint lodged by the mother of the girl on February 11, 2025.
Justice Panigrahi also issued a slew of directions to the state Health and Family Welfare department for formulation of a standard operating procedure (SOP) concerning the medical termination of pregnancy (MTP), within six months.
The SOP shall be drafted in consultation with medical experts specialising in obstetrics, gynaecology and reproductive health alongside legal professionals well-versed in medical jurisprudence.
The SOP should ensure a smooth and timely process for medical termination of pregnancy, removing avoidable delays and preventing the patient from facing unnecessary bureaucracy or drawn-out legal struggles.
Recognising the emotional and psychological impact of such cases, the authorities concerned shall ensure that psychological counselling services are made available to the patient.
The police stations should be sensitised to immediately rope in the district legal services authority/paralegal volunteers available so that any kind of legal assistance can be easily provided to the victims of rape who bear the brunt of pregnancy, Justice Panigrahi specified.