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Rape survivors have right to say 'no' to motherhood: HC

February 13, 2025

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Hindustan Times Lucknow

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- HT Correspondent

PRAYAGRAJ: The Allahabad high court has ruled that a victim of sexual assault has the legal right to terminate her pregnancy, stating that forcing a survivor to bear the child of her assaulter would add to her suffering.

Hearing a plea from a 17-year-old rape survivor seeking medical termination of pregnancy, a division bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar ruled that a woman has autonomy over her body, including the right to say 'Yes' or 'No' to motherhood.

Citing Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, the court noted that denying a rape survivor the right to end an unwanted pregnancy would violate her dignity and fundamental human rights. "In cases of sexual assault, forcing a woman to take on the responsibility of motherhood against her will would deny her the right to live with dignity," the bench observed in its order dated February 10.

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