Chennai: In an important ruling, the Madras High Court on June 19 has said that rape victims need not approach the Court to get approval to terminate their pregnancy.
Chennai: In an important ruling, the Madras High Court on June 19 has said that rape victims need not approach the Court to get approval to terminate their pregnancy.
Justice N. Anand Venkatesh, in his order delivered on June 19, ruled that if a rape victim enters an unwanted pregnancy and its duration has not exceed 20 weeks, then the "victim need not be referred to the medical board and the termination of pregnancy can be done as per the provisions of Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971.
Even if the case is ongoing in the Court, the pregnant rape victim can choose to terminate without seeking approval from the Court, the ruling said. As termination of pregnancy over 20 weeks could turn life-threatening to the mothers, the delay in approaching to the judicial system for termination of pregnancy out of rape might delay the process and leaves the victim to forcibly continue the pregnancy.
For isolated cases, where the length of pregnancy has exceeded 20 weeks, the medical practitioner shall take immediate steps in accordance with the MTP Act to save the pregnant woman's life, it said.
The justice noted that the doctors and the Courts need to be more sensitive and should act fast since the victim is carrying a foetus, which keeps reminding her of the agony faced by her due to rape and every moment. Delay could add up to her mental agony and depression due to the unwanted pregnancy that has been forced against her.
Justice N. Anand Venkatesh, in his order delivered on June 19, ruled that if a rape victim enters an unwanted pregnancy and its duration has not exceed 20 weeks, then the "victim need not be referred to the medical board and the termination of pregnancy can be done as per the provisions of Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971.
Even if the case is ongoing in the Court, the pregnant rape victim can choose to terminate without seeking approval from the Court, the ruling said. As termination of pregnancy over 20 weeks could turn life-threatening to the mothers, the delay in approaching to the judicial system for termination of pregnancy out of rape might delay the process and leaves the victim to forcibly continue the pregnancy.
For isolated cases, where the length of pregnancy has exceeded 20 weeks, the medical practitioner shall take immediate steps in accordance with the MTP Act to save the pregnant woman's life, it said.
The justice noted that the doctors and the Courts need to be more sensitive and should act fast since the victim is carrying a foetus, which keeps reminding her of the agony faced by her due to rape and every moment. Delay could add up to her mental agony and depression due to the unwanted pregnancy that has been forced against her.