'Can't force rapist to give birth to child, HC gives permission to 16-year-old victim to abort

The Kerala High Court has said that a rape victim cannot be forced to give birth to the child of the man who raped her. Section 3(2) of the Medical Termination of Pregnancy Act provides that abortion can be performed if the continuation of the pregnancy would cause serious harm to the physical or mental health of the pregnant woman.

In accordance with Explanation 2 to Section 3(2), a woman who experiences severe mental distress during her pregnancy as a result of rape may be seriously injured. A woman who has been sexually assaulted cannot be coerced into bearing a child by the man who attacked her. The 16-year-old rape victim's mother filed a petition, and the court granted her request.

After studying the report of the medical board, the court allowed the girl to undergo an abortion. The High Court said that not allowing a rape victim to terminate her unwanted pregnancy would amount to imposing the responsibility of motherhood on her and denying her human right to live with dignity. This is an important part of the right to life, which is guaranteed under Article 21 of the Constitution.

The High Court further said that in most cases pregnancy outside marriage, especially after sexual abuse, is harmful. It adversely affects both the physical and mental health of the pregnant woman. The court said that sexual harassment or abuse of a woman is painful in itself. As a result, the pain from pregnancy increases further. This happens because such pregnancy is not voluntary.