Introduction:

In the case of WP(C) NO. 16366 OF 2024, the Kerala High Court addressed the issue of a sixteen-year-old rape victim seeking permission to terminate her pregnancy at 28 weeks of gestation. Upholding the victim’s right to dignity and autonomy, Justice Kauser Edappagath emphasized the importance of respecting reproductive choices and protecting the well-being of survivors of sexual assault.

Arguments:

The petitioner, represented by Advocate Shameena Salahudheen, argued that termination of the pregnancy was necessary for the physical and mental well-being of the minor victim. The counsel highlighted the traumatic nature of the pregnancy resulting from sexual abuse and emphasized the need to safeguard the victim’s rights.

On the other hand, Senior Government Pleader Deepa Narayanan and Senior Panel Counsel T C Krishna may have presented counterarguments regarding legal limitations on abortion and potential concerns about fetal viability.

Court’s Judgment:

Justice Kauser Edappagath invoked Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, which allows termination if the pregnancy poses grave injury to the woman’s physical or mental health. Citing the presumption of grave injury in cases of pregnancy resulting from rape, the court held that forcing the victim to carry the child to term would violate her right to life with dignity under Article 21 of the Constitution.

The court relied on previous Supreme Court judgments affirming reproductive autonomy as a fundamental right, emphasizing the victim’s right to make autonomous decisions about her body. Considering the victim’s young age, her status as a member of a Scheduled Caste community, and her socioeconomic background, the court permitted the termination of pregnancy.