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The Chhattisgarh High Court has rejected a petition from a minor rape victim seeking permission for an abortion, citing moral and legal concerns. Denying the request, the court ordered the state government to assume custody of the child after birth if the minor and her family choose to give the child up for adoption.
The minor, currently 32 weeks pregnant, had approached the court after medical professionals warned that terminating the pregnancy at this stage could pose a serious threat to her life. Justice Parth Pratim Sahu, who presided over the case, emphasised that abortion at such an advanced stage is neither morally nor legally permissible. The court also acknowledged the option for the family to legally place the child for adoption once it is born.
The case emerged from Rajnandgaon district, where the minor was subjected to sexual assault. Her family, upon learning of the pregnancy, sought legal intervention to obtain permission for an abortion, as the procedure is restricted by law after a certain period. In an earlier hearing, the High Court had constituted a team of medical experts to assess the risks involved in continuing the pregnancy versus terminating it.
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The medical evaluation revealed that while abortions are relatively safer in earlier stages, terminating a 32-week pregnancy could be highly dangerous. The report indicated that the foetus was healthy and did not present any congenital anomalies, leading the experts to recommend proceeding with a safe delivery instead.
In its ruling, the Chhattisgarh High Court stressed the grave risks associated with late-term abortion, deeming it safer to carry the pregnancy to term. The court has instructed the state government to cover all medical expenses related to the minor’s care and childbirth.
Additionally, the court stated that after delivery, the minor and her parents have the legal option to put the child up for adoption. The state government has been directed to facilitate this process if the family decides to proceed with it.
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