Madhya Pradesh High Court allows termination of pregnancy provided rape victim files affidavit that she will not turn hostile

The Madhya Pradesh High Court recently set a unique condition for termination of pregnancy by directing a minor rape victim and her father to file an affidavit stating that they would not resile from their statement against the accused during the trial..Justice GS Ahluwalia directed the victim, a 17-year-old girl, and her father to submit the affidavit to the investigating officer of the rape case."It is directed that before the termination of pregnancy of petitioner, father of petitioner shall submit his affidavit before the CJM, Sagar to the effect that she was subjected to rape by accused...Petitioner as well as her father shall also submit an affidavit to the Investigating Officer to the effect that since they have sought medical termination of pregnancy on the allegation of rape by accused Kapil Lodhi, therefore they would not resile from their statement even during the trial," the order stated.On obtaining such affidavit, the investigating officer was directed to produce the same before the medical board, only after which the pregnancy would be terminated, the Court ordered.It also directed the trial court to submit its report before the Registrar General along with the deposition sheet of the victim in case she turns hostile and claims that no rape was committed by the accused, or if she claims herself to be a major..The 17-year-old last month had approached the High Court for termination of her nearly nine-week pregnancy. A First Information Report (FIR) alleging rape had earlier been registered against the accused after the minor victim was found pregnant.On December 30 last year, the victim was examined by a medical board, which reported that termination of her pregnancy is possible. Considering the same and the law, the Court allowed the prayer.“This Court is dealing with the case of a child aged about 17 years who is carrying a child of a rapist and father of the prosecutrix does not want that prosecutrix should give birth to the child of a rapist. Not only this, the child will also have social stigma throughout her life and the girl, who is 17 years of age, has to deliver a child which will certainly result in life threat to the pregnant minor girl,” Justice Ahluwalia opined..The Court also directed that foetus of the minor shall be protected and sent for a DNA test along with the blood sample of the petitioner as well as the blood sample of the accused.“After the termination of pregnancy is carried out, the State of Madhya Pradesh shall ensure postoperative care of the girl (prosecutrix),” it added.It further directed the father of the victim to file an affidavit giving consent for termination of the pregnancy.“Petitioner [victim] as well as her father shall also submit an affidavit to the Investigating Officer to the effect that since they have sought medical termination of pregnancy on the allegation of rape by accused Kapil Lodhi, therefore they would not resile from their statement even during the trial.".Advocate Vijay Shukla represented the petitioner.Government Advocate KS Baghel represented the State..[Read Order]