Introduction
In A v. State of Chhattisgarh and Ors., the Chhattisgarh High Court recently permitted a minor rape survivor to legally terminate her 21-week pregnancy. The girl had become pregnant as a result of rape. She filed a petition requesting medical termination. The Court accepted her plea, focusing on her right to bodily integrity and personal liberty. The hearing concluded on November 24, 2025.
In granting the petition, the Court followed applicable statutory rules under the Medical Termination of Pregnancy Act, 1971 (MTP Act), as well as constitutional protections under Article 21 of the Constitution of India.
What the Court Says
The Court, led by Justice Parth Prateem Sahu, held that refusing a rape-victim’s request for termination would violate her bodily integrity and personal liberty. Denial would force her to carry to term a pregnancy she did not consent to, a prospect that would compound her trauma and inflict severe physical and mental harm.
The judgment noted the petitioner clearly was a victim of rape. She expressed she did not want to give birth to a child conceived through that crime. The Court recognized that allowing her to terminate the pregnancy was her personal choice, a component of her fundamental right to personal liberty.
Medical evaluation showed that at 21 weeks and 1 day, the pregnancy was within the 24-week limit prescribed under Section 3 of the MTP Act. And doctors confirmed she was physically and mentally fit to undergo the procedure.
Relying on established jurisprudence, notably the precedent in Suchita Srivastava v. Chandigarh Administration, the Court reaffirmed that a woman’s reproductive decisions form part of her personal liberty under Article 21. Forcing her to continue the pregnancy in these circumstances would amount to compulsion and further trauma.
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Implications
The ruling strengthens the rights of rape survivors, especially minors, by underlining that forced continuation of a pregnancy amounts to violation of bodily autonomy and personal liberty. It reaffirms that the decision to carry a pregnancy must rest with the survivor, not the State.
This reinforces that medical termination of pregnancy, even beyond 20 weeks, is legally permissible under the MTP Act when a pregnancy results from rape and continuing it would harm the woman’s mental or physical health.
It sets a precedent for future cases involving sexual violence and reproductive rights. Courts and medical authorities may now find firmer ground to accord autonomy to survivors seeking abortion under similar circumstances. It also signals to society that the law protects the dignity and mental health of survivors. By respecting personal choice, the justice system helps avoid additional trauma, stigma, and lifelong burden of forced motherhood.
