Allahabad HC Slams Delay in Minor Rape Victim's Abortion Case

The Allahabad High Court has criticised the "persistent failure" of the state machinery in deciding the plea for medical termination of pregnancy of a minor rape survivor.

The mentally challenged girl was raped in 2023, when she was 17. Her maternal grandfather, who is the main petitioner in the case, had moved the Allahabad HC in July 2023 seeking direction to allow the survivor to terminate her pregnancy of about five months.

The court of Justice Vinod Diwakar noted that seven weeks were consumed between the date of registration of the FIR and the date on which the applicant was compelled to approach this court. The survivor eventually delivered on August 13, 2023.

An FIR of rape was lodged on June 11, 2023, at Rohta Police Station of Meerut.

On June 12 of the same year, the girl was produced before the medical officer at the Rohta community health centre, and it emerged she was 22 weeks and 6 days into her pregnancy.

The grandfather approached the Meerut CMO on July 5, 2023, seeking termination of the girl's pregnancy, but was refused.

Finding no relief, the grandfather on July 19 moved a plea before the special POCSO judge with the same request.

The application was returned with the endorsement that the applicant may approach the high court for appropriate redressal.

A writ petition was filed on July 22, 2023, and came to be listed before the Allahabad High Court on August 4, 2023.

"In the entire process, 54 days, that is almost seven weeks, were consumed between the date of registration of the FIR and the date on which the applicant was compelled to approach this court," the high court noted.

In compliance with an order, the victim was admitted to a hospital, a medical board was constituted, and on its advice, the doctors conducted the delivery of the victim on August 13, 2023.

Slamming the delay on the part of authorities, the high court said, "The Supreme Court has delivered a series of judgments on the subject and the high courts have repeatedly issued directions for the timely constitution of Medical Boards and for taking necessary steps in the best interests of victims." "Despite such judicial pronouncements, the material on record demonstrates a persistent failure on the part of the state machinery to effectively implement the provisions enacted by Parliament, the directions issued by constitutional courts and the notifications issued by the State Government from time to time," the court said.

The high court directed the state authorities to undertake a comprehensive socio-psychological study concerning the number of rape cases, the number of children born as a consequence of rape, the number of abandoned children, and the psychological condition and responses of victims.