525 Pregnancies Child Rape Victims Allahabad High Court Abortion

The Allahabad High Court recently expressed serious concern over what it described as a “systematic denial” of medical termination of pregnancy services and statutory protections to child rape victims in Uttar Pradesh.

Justice Vinod Diwakar was hearing a plea filed by the grandfather of a 17-year-old rape survivor with intellectual disabilities, seeking termination of her pregnancy. The court noted that despite the survivor expressing her unwillingness to continue the pregnancy and despite her family approaching authorities, no effective action was taken for 54 days, causing the pregnancy to advance and ultimately resulting in the birth of a child.

Referring to affidavits filed by the director general of police, the court noted that 525 cases involving pregnancies in unmarried child rape victims had been reported across Uttar Pradesh in the last five years.

The court observed that after the FIR was registered in 2023, the victim was found to be nearly 23 weeks pregnant. The survivor’s grandfather approached the chief medical officer (CMO), seeking termination of the unwanted pregnancy of his granddaughter. The CMO did not entertain the request and she was eventually compelled to approach the High Court.

During the proceedings, the High Court expanded the scope of the case and sought extensive data from the state government, police authorities, child welfare bodies and medical authorities.

Based on the material placed before it, the court concluded that the statutory framework under the Medical Termination of Pregnancy Act, the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice Act was not being effectively implemented across the state.

The court noted that data furnished by the state revealed only 106 cases of rape victims being produced before Medical Boards for termination-related assistance between 2013 and 2023, despite Uttar Pradesh having a population of about 24 crore.

“For the entire State of Uttar Pradesh, with a population of approximately 24 crores, only 106 procedures were performed under the formal Medical Board framework over 11 years- fewer than 10 per year across 75 districts- a figure so starkly disproportionate to the documented scale of child sexual violence in the State,” the court observed.

The court highlighted that the zone-wise distribution of cases in which pregnancies were detected in unmarried child rape victims during the last five years disclosed a pattern of institutional failure that extends across both rural and urban areas of the state.

The court found that the Lucknow zone recorded the highest concentration of cases in the state, with 115 cases accounting for 21.9% of the state total.

The court found it alarming that Gorakhpur city, the largest city in eastern Uttar Pradesh, recorded zero cases despite having the highest CWC caseload in the entire state.

The court remarked that the true number of unmarried child rape victims who became pregnant and received no meaningful institutional support, medical care, or legal redress was immeasurably greater than the number registered with the police.

To address the situation, the court issued a series of state-wide directions.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More