Rape survivors eligible for medical termination of pregnancy: Kerala HC

Source: timesofindia

A rape survivor is eligible for medical termination of pregnancy (MTP) as the unwanted pregnancy is a threat to her life, the Kerala High Court has held.

The court’s ruling came even as a bill containing a recommendation for allowing MTP in rape cases, if the pregnancy is less than six months old, is pending in Parliament. In July this year, the Supreme Court had allowed a rape survivor to resort to MTP but it was citing a medical report that said the foetus had severe multiple congenital anomalies.

The landmark ruling by the high court came on a petition filed by a woman from Kasaragod who has only been identified in the judgment as “Ms. X”. While working at a shop, she became intimate with a person who subjected her to sexual relationship by promising to marry her. When the person got married to another woman, she had filed a police complaint alleging rape on July 19.

A petition was filed before the high court after her pleas for MTP were turned down repeatedly by Government Hospital, Kasaragod and Medical College Hospital at Kozhikode. She had approached the hospital at Kasaragod for MTP in July. When she was denied MTP and was instead treated as an outpatient from July to October, she approached the medical college.

As per section 3(2) of Medical Termination of Pregnancy Act of 1971, a registered medical practitioner (RMP) can terminate a pregnancy if it does not exceed 12 weeks (3 months) and if the continuance of pregnancy would risk the life of the pregnant woman, would cause grave injury to her physical or mental health, or if there is substantial risk that the child would be born with physical or mental abnormalities as to be seriously handicapped. Anguish caused by pregnancy from rape is included in the Act as grave injury to the mental health of the pregnant woman. If the pregnancy is above 12 weeks but has not exceeded 20 weeks (5 months), two RMPs should concur regarding the need for MTP.

However, the restriction, under Section 3, that MTP cannot be allowed after five months is not applicable if there is immediate threat to the life of the pregnant woman. Through Section 5(1) of the Act, an RMP is allowed to terminate a pregnancy if he is of the opinion that it is immediately necessary to save the life of the pregnant woman.

Making the exemption under life-threatening situation applicable in the case of rape survivors, the court said in the judgment, “When the situation in the present context is analyzed, the petitioner is not mentally prepared to deliver a child and such situation can cause innumerable mental stress and change of attitude in the normal life of the petitioner. Moreover, the circumstances explained show that petitioner did not expect such conduct and behaviour from the person with whom she maintained intimate and affectionate relationship. The circumstances narrated will show, petitioner is and was not mentally prepared to accept the state of affairs at which she is now. The said circumstances, in my view is to be treated as one under Sec.5 of the Act.”

Further, the court ordered the superintendent of Medical College Hospital, Kozhikode to take necessary steps to conduct MTP and to preserve sufficient material to conduct a DNA test to aid the investigation in the case registered by police.