The Orissa High Court has allowed a 13-year-old rape survivor to medically terminate her pregnancy, which was over 27 weeks. The decision came after doctors confirmed that continuing the pregnancy would put her life at serious risk.

Minor’s health at risk

The girl, from Kandhamal district, suffers from sickle cell anaemia and epilepsy. These medical conditions made childbirth even more dangerous for her. She was raped last year by a local youth but did not tell anyone due to fear and threats. Her health started worsening, and only then did her mother take her to the hospital, where doctors found out she was pregnant.

By the time her condition was known, she had already passed the 24-week limit set under the Medical Termination of Pregnancy (MTP) Act. The case was then taken to the Orissa High Court, where her father requested permission for an abortion, citing her life-threatening medical condition.

The High Court had earlier asked MKCG Medical College and Hospital in Berhampur to examine the girl. A medical board confirmed that continuing the pregnancy would cause severe harm to her physical and mental health. Based on this report, the state government did not object to the abortion request, stating that forcing the minor to give birth would violate her fundamental rights under Article 21 of the Constitution.

Justice S. K. Panigrahi, while delivering the judgement, stressed the importance of bodily autonomy and reproductive rights. He noted that although the minor could not make an informed decision herself, her legal guardians were representing her interests.

The court also criticised delays in such cases, saying there should be a faster process for medical terminations in similar situations. It directed the Odisha government to create a Standard Operating Procedure (SOP) to ensure easy access to reproductive healthcare, reduce delays, and train law enforcement to handle such cases better. The SOP must be completed and implemented within six months.

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