Rape survivors don’t need court approval to terminate pregnancies up to 24 weeks: Madhya Pradesh High Court
The High Court cited a verdict its Division Bench in Jabalpur had earlier delivered, clarifying 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 Madhya Pradesh High Court has ruled that rape survivors with pregnancies up to 24 weeks do not need court approval to terminate their pregnancies, according to a recent decision on August 11. The court's single bench, presided over by Justice Sandeep N. Bhatt, dismissed a petition filed by the father of a 16-year-old victim of sexual assault who sought permission for the girl's 18-week pregnancy.
The court cited a February 20, 2025, ruling by the Division Bench in Jabalpur which clarified that under the Medical Termination of Pregnancy (MTP) Act, 1971, rape, sexual assault, or incest survivors with pregnancies up to 24 weeks do not require judicial proceedings under Article 226 of the Constitution. The High Court also directed the State's Health Commissioner to communicate the Jabalpur Bench's judgment to hospitals across the state for future reference.
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