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 are not required to seek court approval for a legal termination of pregnancy. This decision was made by a single bench of Justice Sandeep N. Bhatt during a hearing on August 11, 2025. The court dismissed a petition filed by a father who sought permission for his 16-year-old daughter's 18-week pregnancy following a sexual assault.
The court cited an earlier February 20, 2025, decision by a division bench in Jabalpur that under the Medical Termination of Pregnancy (MTP) Act of 1971, survivors of sexual assault, rape, or incest with pregnancies up to 24 weeks do not need judicial proceedings under Article 226 of the Constitution. The Indore bench also directed the State Health Commissioner to communicate this judgment to hospitals across the state for future reference.
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