Rape victim allowed abortion, High Court said – woman has the right to take decisions related to her body and reproduction

Allahabad: In an important decision, Allahabad High Court has given permission for abortion to the 16 year old rape victim. The court clarified that any woman has the right to take decisions regarding her body and reproductive matters and this right is an integral part of the right to life, personal liberty and privacy protected under Article 21 of the Indian Constitution.

During the hearing of the case, the court considered the physical autonomy, dignity and reproductive rights of the woman as paramount. The court said that unnecessary restrictions cannot be imposed on the constitutional rights of women, especially in cases related to minors and unwanted pregnancy.

Twin pregnancy confirmed in medical report

During the hearing, Special Public Prosecutor Savita Pathak presented the medical report before the court. According to the report, the victim was going through twin pregnancy of about seven weeks. Both fetuses were found alive in the ultrasound conducted at the District Women’s Hospital in Prayagraj on March 19.

Additional District and Sessions Judge Anju Kanojia, who is hearing the case, said, "Women’s bodily autonomy and reproductive decisions must be respected. A woman’s right to make decisions regarding her own body, especially in reproductive matters, is protected under Article 21 of the Constitution."

Unnecessary obstacles cannot be imposed on women’s rights

The court said in its order that unnecessary constraints cannot be imposed on the reproductive rights of women in cases related to minors and unwanted pregnancies, because doing so would amount to weakening their constitutional rights.

The court also mentioned that the victim’s family had informed the investigating officer about her pregnancy on May 9 itself, but despite this, necessary steps were not taken in time regarding the abortion process.

Women’s dignity and autonomy said to be paramount

The court justified the permission of abortion keeping in mind the circumstances of the case and the condition of the victim. In its order, the court said that woman’s dignity, physical autonomy and reproductive rights are protected by the Constitution. Also, the concerned medical officers have been instructed to take necessary action as per the law.

Passport application cannot be stopped on the basis of pending criminal case

In another case, Allahabad High Court said that the passport application of a citizen cannot be kept pending without order merely on the basis of pendency of a criminal case.

This order was given by the division bench of Justice Saral Srivastava and Justice Garima Prashant while hearing the petition of Maryam Bano. Advocate Nirbhay Kumar Bharti, appearing for the petitioner, told the court that the Regional Passport Office did not take any decision on the passport application citing the pending criminal case.

High Court cited old decisions

Referring to the case of Pawan Kumar Rajbhar vs Union of India, the court said that any criminal case pending at the investigation stage cannot be made the basis for rejecting a passport application.

Also citing Harshit Vaish vs State of UP and the office memorandum of the Ministry of External Affairs dated December 6, 2024, the court said that no separate NOC is required, but it is necessary to have an order from the concerned court for permission to travel abroad.

Passport can be issued for one year

The court said that if the concerned court has not determined the period of the passport, then as per the notification dated August 25, 1993, the passport will be issued for a period of one year.

The court has directed petitioner Maryam Bano to submit a new report before the Regional Passport Officer within a month. Also, the passport officer has been asked to take appropriate decision within three months keeping in mind the rules and related legal decisions.