Madhya Pradesh HC sets guidelines for handling pregnancy termination in rape cases

Madhya Pradesh: The Madhya Pradesh High Court has issued comprehensive guidelines for handling medical termination of pregnancy (MTP) cases involving rape victims, criticizing existing procedural inefficiencies and judicial insensitivity.

Madhya Pradesh HC Calls for Expedited Medical Termination Process in Rape Cases

Justice Subodh Abhyankar highlighted the urgent need to expedite MTP cases, particularly for victims with limited time to terminate pregnancies. The court addressed a specific case involving a 15-year-old gang rape victim seeking pregnancy termination.

Judicial Sensitivity Stressed: MP High Court Criticizes Delays in MTP Cases

The court also criticized the district court’s approach, describing its handling of the case as reflecting an “acute insensitive approach” and deemed it “cruel” for a court to expect a rape victim to produce medical documents in such circumstances.

Key directions issued by the court include:

i. The SHO of the concerned police station, based on the MLC of the survivor indicating that she is pregnant, shall forthwith forward the survivor to the concerned District Court.

ii. The learned Judge of the District Court, regardless of whether an application for termination of pregnancy has been filed or not, shall refer the survivor to the concerned medical officer/Board to expeditiously submit its report on whether the pregnancy can be terminated.

iii. The District Court, after obtaining the said medical report, shall, under intimation to the survivor and her parents, directly refer such case and report to the nearest Registry of the High Court.

iv. The Registry of this Court, in turn, shall register such a reference as a Writ Petition under Article 226 of the Constitution, Suo Moto, and list the matter immediately before the concerned Bench, so that appropriate orders regarding termination of pregnancy can be passed by this Court without any undue delay.

The court emphasized that the medical termination of pregnancy is a matter of life and death, touching upon fundamental rights under Article 21 of the Constitution, and can only be properly entertained by the High Court under Article 226.

In the specific case, the court allowed the 15-year-old victim to medically terminate her pregnancy, noting that she was approximately 4-4.5 months pregnant as a result of the gang rape.

The court also directed that copies of the order be sent to the High Court Registrar General and the Director General of Police to ensure widespread implementation of these guidelines.

Case Title: X vs. The State Of Madhya Pradesh And Others