Rape survivors don’t need court approval to terminate pregnancies up to 24 weeks: Madhya Pradesh High Court

Rape survivors, with pregnancies up to 24 weeks, do not require the permission from a court to seek a legal termination of pregnancy, the Madhya Pradesh High Court has said.

A Single Bench of Justice Sandeep N. Bhatt in Indore on August 11 made the remarks hearing a petition filed by the father of a 16-year-old sexual assault survivor who sought the court’s approval for the girl’s 18-week pregnancy. The petition cited extreme mental trauma for the survivors to continue with the pregnancy.

Saying that the matter did not require court intervention, Justice Bhatt disposed off the plea while citing a February 20, 2025, verdict that the High Court’s Division Bench in Jabalpur had earlier clarified that under the provisions of the Medical Termination of Pregnancy (MTP) Act, 1971, survivors of sexual assault, rape, or incest, with pregnancies up to 24 weeks, who want to undergo an abortion do not require judicial proceedings under Article 226 of the Constitution.

The court also issued directions to State’s Health Commissioner to communicate the Jabalpur Bench’s judgement to hospitals in the State for future reference.

“The Commissioner, Health Department, may also communicate the aforesaid order passed by the Division Bench to all the concerned hospitals more particularly the Government Hospitals, so that they can also take care of the situation in future,” the Indore Bench order read.

“With the above directions, since no intervention is required in the matter, present petition is dismissed,” it said.

In February, 2025, the Division Bench headed by the then Chief Justice Suresk Kumar Kait had laid out standard operating procedures (SOPs) to be followed by concerned officials and medical officers while dealing with pregnancies of rape or incest survivors for both cases where the pregnancy is of less than 24 weeks and beyond it.

It had asked the authorities to not demand any legal or magisterial requisition or other documentation as a pre-requisite in cases with pregnancies up to 24 weeks, while saying that court’s permission was only required if the pregnancy is of more than 24 weeks.