The Madhya Pradesh High Court has recently closed a petition concerning the delayed termination of a pregnancy of a rape survivor, as the survivor and her parents have refused consent for the abortion procedure.

The case came to the High Court's attention after a letter was received from the Balaghat district judge, accompanied by a report from the local civil surgeon dated May 26, 2025. The court, led by Justice D. Khot at the time, noted that the initial report lacked clarity regarding when the sexual offense against the minor girl was reported to the relevant police station.

On June 5, 2025, the High Court took suo motu cognizance of the matter, addressing the delay in terminating the pregnancy, which was already seven-and-a-half months along. The court sought a detailed report from the state government.

Government lawyer Mohan Sausarkar submitted a report from a panel of four expert doctors, stating that the girl, who is just over 14 years old, and her parents, after being informed of the potential adverse outcomes, did not consent to the abortion. The family expressed their wish to continue the pregnancy, prioritizing the girl's well-being.

Justice Amit Seth, while disposing of the petition, stated that considering the victim and her parents did not consent to the medical termination and wished to continue with the pregnancy, they were at liberty to do so, and no further orders were required.

This case echoes similar situations where minor rape survivors have made the difficult decision to carry their pregnancies to term. In a recent case in Delhi, a minor rape survivor informed the Delhi High Court of her decision to continue her 29-week pregnancy, against her parents' wishes. The court, acknowledging her need for alternative accommodation due to potential opposition from her parents, directed that she be housed in a shelter home in Delhi and ensured she received proper care throughout the remainder of her pregnancy.

In another instance in Madhya Pradesh, the High Court allowed a minor rape survivor, who was 31 weeks pregnant, to deliver her baby. The court also directed the state government to provide complete medical care and continued support to the girl after childbirth. The court noted that terminating the pregnancy at such an advanced stage could pose a significant risk to the minor's life.

These cases highlight the complex ethical and legal considerations surrounding abortion, particularly in cases involving minors and sexual assault. While the Medical Termination of Pregnancy (MTP) Act aims to protect medical boards providing well-meaning opinions on ending pregnancies, the decisions of the survivors and their families are paramount.

The Madhya Pradesh High Court has also urged the State Government to formulate a comprehensive policy to provide food, shelter, education, and safety for children born to survivors of sexual assault, rape, or incest. This recommendation underscores the need for long-term support systems for both the survivors and their children.