 Act, 1971. This ruling aims to prevent last-minute requests for pregnancy termination and to ease the trauma experienced by the victims.){kind=link}
The Madhya Pradesh High Court has mandated that in rape cases where the victim is found to be pregnant, both police officers and treating doctors must promptly inform the victim or her parents about their right to terminate the pregnancy under the Medical Termination of Pregnancy (MTP) Act, 1971. This ruling aims to prevent last-minute requests for pregnancy termination and to ease the trauma experienced by the victims.
Case Background
The Court issued this directive while hearing a Writ petition filed by the father of a rape victim under Article 226 of the Constitution of India, seeking the medical termination of his daughter’s pregnancy. The victim, who had been abducted and later found pregnant, was not informed of her rights under the MTP Act, leading to a significant delay in filing the petition.
High Court of Madhya Pradesh’s Observations
Justice Subodh Abhyankar emphasized the need for immediate advice to the victim or her parents about the option to terminate the pregnancy under the MTP Act. The Court noted the lack of action by the police and the treating doctor, highlighting their failure to inform the victim’s family about the pregnancy and the legal provisions for termination.
Obligation to Inform
The Court criticized the Investigating Officer and the treating doctor’s apathetic conduct, stressing that it is their duty to inform the victim or her family about the right to terminate the pregnancy under the MTP Act, especially in remote areas where awareness of such laws is limited.
Legal Implications and Compliance
The Court pointed out that failing to provide this information infringes on the victim’s right to live with dignity, as protected by Article 21 of the Constitution of India. To ensure compliance, the Court directed that the information must be provided in writing by the Investigating Officer and the treating doctor. Non-compliance with this order will be treated as contempt of court.
The petition was disposed of with the Court’s directive to ensure that victims of rape are informed about their rights under the MTP Act promptly and in writing.
- Case Title: Harish Devda v. State of Madhya Pradesh, WRIT PETITION No. 9585 of 2024
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