Unique Condition Set by MP High Court: Affidavits to Pave the Way for Minor Rape Victim's Pregnancy Termination

In a distinctive turn of events, the Madhya Pradesh High Court has imposed a novel condition for the termination of pregnancy for a minor rape victim. Justice GS Ahluwalia directed the 17-year-old victim and her father to file affidavits affirming their commitment to not retracting their statements against the accused during the trial.

The court order stipulated, "Petitioner, as well as her father, shall also submit an affidavit to the Investigating Officer to the effect that since they have sought medical termination of pregnancy on the allegation of rape by accused Kapil Lodhi, therefore they would not resile from their statement even during the trial."

Only after obtaining these affidavits, the investigating officer was instructed to present them to the medical board, clearing the way for the termination of the nearly nine-week pregnancy.

The case unfolded when the minor victim, carrying the child of her rapist, approached the High Court seeking permission for pregnancy termination. The court, recognizing the delicate circumstances, considered the potentially life-threatening risks to the pregnant minor girl and approved termination.

Justice Ahluwalia emphasized the unique aspects of the case, stating, "This Court is dealing with the case of a child aged about 17 years who is carrying a child of a rapist, and the father of the prosecutrix does not want that the prosecutrix should give birth to the child of a rapist."

In addition to the affidavits, the court ordered the protection of the fetus and mandated a DNA test, including the blood samples of the victim, her father, and the accused. Post-termination, the state of Madhya Pradesh is directed to ensure the postoperative care of the minor girl.

This unprecedented condition reflects the court's nuanced approach to a complex and sensitive legal situation, balancing the rights and well-being of the victim against the legal proceedings involving the accused.

Author: Anushka Taraniya

News Writer, MIT ADT University