Landmark Ruling by Jabalpur High Court: Minor Rape Survivor Cannot Be Forced to Terminate Pregnancy — “Consent is Supreme,” Says Bench

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Jabalpur, Madhya Pradesh: In a landmark judgment reaffirming the constitutional right to reproductive autonomy, the Jabalpur High Court has ruled that a minor rape survivor cannot be compelled to undergo an abortion against her will. The court emphasized that the consent of the pregnant woman is paramount, and forcing termination of pregnancy would violate her fundamental rights under Article 21 of the Constitution of India.

The single-judge bench of Justice Vishal Mishra delivered the verdict while hearing a case referred by the Panna District Court, involving a minor rape survivor who had conceived as a result of the assault. Both the girl and her parents had categorically refused to terminate the pregnancy, expressing their firm decision to continue it.

Court Upholds Right to Reproductive Choice

In its order, the court stated:

“Sexual and reproductive choices fall within the sphere of individual liberty and personal autonomy. The right to make decisions regarding one’s body, including whether or not to continue a pregnancy, is protected under Article 21 as part of the right to privacy and dignity.”

The High Court made it clear that no external authority — medical, judicial, or administrative — can override the consent of the woman, even in sensitive cases involving minors or sexual assault survivors.

Background of the Case

The Panna District Court had written to the High Court seeking directions regarding the pregnancy of the minor rape victim. During the hearing, the High Court had ordered a medical evaluation and report. However, the medical board informed the court that the survivor had refused to undergo medical examination or abortion, despite being briefed about all health and legal implications.

After reviewing the submissions, the High Court accepted the stance of the survivor and her parents, noting that they had made an informed decision to carry the pregnancy to full term.

“Reproductive Freedom is a Fundamental Right”

Justice Mishra underscored that reproductive freedom is an intrinsic part of personal liberty, and any attempt to compel abortion would amount to a violation of the right to privacy and dignity.

“The right to reproductive choice, including the decision to continue or terminate a pregnancy, is a part of the fundamental right to live with dignity. No one can be forced into abortion without consent,” the order stated.

This historic judgment reaffirms that even in complex cases of sexual violence, the autonomy and choice of the woman must remain inviolable, setting a strong precedent for upholding bodily integrity and reproductive rights across India.