In a deeply sensitive case, the Madhya Pradesh High Court recently made a decision that has drawn national attention. The court denied a petition seeking a medical termination of pregnancy (MTP) for a 15-year-old girl who had been sexually assaulted.
The Story Behind the Case
The minor girl, supported by her parents, had approached the court requesting an abortion. Given her young age and the circumstances surrounding the pregnancy, the matter required careful consideration—not just of the law, but also of the child’s mental and emotional well-being.
Counseling and Support
Recognizing the delicate situation, the Court ordered that the girl and her parents undergo counseling. These sessions helped them understand the implications of continuing or terminating the pregnancy and provided emotional support to navigate the trauma.
After the counseling, the girl and her parents chose to continue with the pregnancy. They also agreed that once the child is born, it would be placed under the care of the Child Welfare Committee (CWC), ensuring the newborn’s safety and proper care.
What the Court Said
While denying the MTP petition, the Court emphasized:
- The best interest of the minor must be the top priority.
- Counseling is essential to help survivors and their families make informed decisions.
- The Child Welfare Committee would oversee the newborn’s welfare, in line with the Juvenile Justice (Care and Protection of Children) Act, 2015.
Why This Case Matters
This case highlights the challenges courts face when dealing with minors who are survivors of sexual assault. It underscores the importance of:
- Balancing legal provisions with child welfare concerns.
- Offering counseling and psychological support before making life-altering decisions.
- Ensuring that children born in such circumstances are protected and cared for by the state.
Looking Ahead
While debates around the rights of rape survivors to access abortion continue, this judgment reflects the Court’s careful approach—ensuring that both the minor and her child are given protection, guidance, and support.