Pregnant woman’s consent mandatory for abortion: Madhya Pradesh High Court

JABALPUR: In a significant ruling, the Madhya Pradesh High Court ruled that the consent of a pregnant woman is paramount for terminating a pregnancy, even in cases involving a minor rape survivor.The single-judge bench of Justice Vishal Mishra passed the order while hearing a petition concerning a 17-year-old rape survivor from Mahar district, who was found to be 28 weeks pregnant. The district court informed the High Court of her condition through a letter, following which her medical report was sought. The report noted that the survivor was 28 weeks pregnant, suffered from mild anaemia, and that the foetus had reached a viable stage.

It added that the pregnancy could be terminated or continued depending on the survivor and her guardian’s consent.During the hearing, both the girl and her mother expressed their wish to continue the pregnancy. They told the court that she married the accused and wanted him released from jail. Citing this, the court dismissed the plea seeking abortion, observing that under the Medical Termination of Pregnancy (MTP) Act, 1971, no pregnancy can be terminated without the pregnant woman’s consent.

Justice Mishra also noted that medical boards often fail to provide comprehensive reports under Section 3 of the MTP Act. The court stressed that such reports must clearly state whether continuing the pregnancy poses a risk to the woman’s life, could cause grave harm to her physical or mental health, or if there is a substantial risk of the child being born with serious abnormalities.The Registrar General has been directed to circulate a copy of the order to all Principal District and Sessions Judges and the State Medical Board for compliance.