The High Court has allowed a rape victim to have an abortion at 23 weeks, stating that forcing a rape victim to carry a pregnancy is a violation of her fundamental rights. A bench of Justices Abhay Ahuja and Justice Milind Sathe while passing the above order also observed that asking the petitioner to continue the pregnancy was an affront to her right to choose motherhood and her dignity.
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The petitioner claimed that the pregnancy has not only affected her mental health, but she is also not in a position to take care of the baby if she gives birth.
What is the case
After the petitioner's husband beat her and her son, she approached the accused (her previous lover). After that she started living with the accused along with the child. The accused established physical relations with her on the promise of marriage. When he found out that she was pregnant, he rejected the marriage and shirked the responsibility. Also threatened not to talk about it anywhere. Therefore, the petitioner lodged a police complaint. The police registered a case of rape and threats against him. At the same time, the petitioner approached the High Court for permission to have an abortion.