Telangana High Court ruled in favor of a 12-year-old rape survivor's right to terminate her 26-week pregnancy. This case underscores the importance of individual autonomy and access to safe abortion services, even in cases beyond the legal gestational limit.

On July 5th, 2024, the Telangana High Court issued a significant judgment in the writ petition (No. 17358 of 2024) filed by Chakali Bhagyamma, a domestic worker from Mahabubnagar District. Bhagyamma had petitioned the court for permission to terminate the pregnancy of her 12-year-old daughter, who was tragically impregnated after multiple sexual assaults.

The case garnered attention due to the complexities surrounding the pregnancy's advanced stage, exceeding the 24-week limit outlined in India's Medical Termination of Pregnancy (MTP) Act, 2021. Despite initial concerns raised by the state regarding potential risks associated with the procedure at this stage, the court ultimately ruled in favor of the petitioner.

Citing the landmark Supreme Court judgment; "A Mother of X Vs State of Maharashatra" the High Court recognized the paramount importance of the pregnant person's consent, particularly in cases involving minors. The court asserted that forcing the young girl to endure the pregnancy against her will would inflict significant mental trauma. The judgment emphasized that a woman's right to choose whether to continue or terminate a pregnancy is a fundamental right guaranteed under Article 21 of the Indian Constitution.

The Telangan High Court while citing the "Mother of X" Judgment held **"14. ln A(Mother of X)'s case (Supra the Hon'ble Supreme Court held as under in paragraph Nos.32, 33,34 and 35,."Primacy of the pregnant person's consent in abortion. **32. As noted above, the order of this court allowing 'X' to terminate her pregnancy is recalled. This decision is made in light of the decisional and bodily autonomy of the pregnant person and her parents. The MTP Act does not allow any interference with the personal choice of a pregnant person in terms of proceeding with the termination. The Act or indeed the jurisprudence around abortion developed by the courts leave no scope for interference by the family or the partner of a pregnant person in matters of reproductive choice."

Condsidering the provision mentioined in MTP Act, the Court fruther held that "Explanation 2 of Section 3(2) of the MTP Act and the victim girl being 12 years old, there cannot be any doubt that the victim girl would be subjected to mental trauma if she is forced to continue pregnancy against her wish; the mother of the victim girl is stated to be a domestic worker. If the victim girl is not allow6d to terminate her pregnancy, she has to continue pregnancy until the child is delivered and may have to face not only physical and mental health issues but also social stigma. It has been recognized by the various Courts including the Hon'ble Supreme Court, as discussed above, that right to choice of a pregnant woman to continue pregnancy or terminate it is one of the facets of fundamental rights guaranteed under Article 2 1 of the Constitution of India."

The High Court, therefore, directed Gandhi Hospital in Hyderabad to counsel the minor and her mother about the procedure and, upon their consent, facilitate a safe and legal medical termination of the pregnancy within 48 hours. The court also issued directives for DNA testing and evidence preservation for the ongoing criminal investigation into the assault. Additionally, the court instructed the Legal Services Authority to assist the victim in obtaining appropriate compensation as per the law. Thus, the judgment sets a precedent for upholding reproductive rights and prioritizing the well-being of survivors of sexual assault, even in legally complex situations.

Coram:HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
DOJ: 05-07-2024

Judgement from TSHC website