The Madhya Pradesh High Court has directed the State Government to consider formulating a policy to ensure food, shelter, education, and safety for children born to survivors of rape, incest, or sexual assault. The judgment came while the Court was hearing a case involving a 31-week pregnant minor rape survivor.
The case was brought to the High Court through a reference by the 4th Additional Sessions Judge, Nainpur, Mandla District, after medical reports revealed that terminating the pregnancy at this stage would pose a serious threat to the girl's life. The minor and her parents expressed their willingness to continue the pregnancy and give birth to the child.
Referring to Article 21 of the Constitution, which guarantees the right to personal liberty, the Court emphasized the autonomy of the pregnant person and her parents. The decision aligns with recent Supreme Court rulings, including the 2024 judgment in A (Mother of X) v. State of Maharashtra, where the Court stated that if a minor and her guardians wish to carry the pregnancy to term, their decision must be respected.
“The MTP Act does not allow any interference with the personal choice of a pregnant person in terms of proceeding with the termination,” the Supreme Court had observed.
Citing the Medical Termination of Pregnancy (MTP) Act, 1971, the High Court explained that pregnancies beyond 24 weeks fall outside the purview of regular medical termination and require judicial intervention. Since the fetus was already 31 weeks old, the Court decided not to permit termination.
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The Court emphasized the importance of a victim’s choice, stating that forcing a person to continue or terminate a pregnancy violates their dignity and right to bodily autonomy. The Court further cited the Supreme Court’s stance in X v. Union of India, reaffirming that reproductive choices fall within the purview of fundamental rights under Article 21.
“The right to dignity entails recognizing the competence and authority of every woman to take reproductive decisions,” the Court quoted.
The Court issued multiple directives to ensure the safety and well-being of both the minor and the unborn child. These include:
- The State must provide all medical facilities through a team of specialist doctors.
- All expenses related to childbirth will be borne by the government.
- Comprehensive medical care must be ensured before, during, and after delivery.
- Postnatal care and support will be provided to the survivor.
- The State is to offer free education to the child up to Class 12.
- Medical facilities must be provided until the child reaches adulthood.
- Confidentiality of the identities of the survivor and the child must be maintained.
- The government should develop a policy to support children born to survivors of sexual crimes.
“The State Government shall consider to form a policy to provide the facilities for food, shelter, education and safety of the children given birth by the survivors of sexual assault, or rape or incest,” stated Justice Vinay Saraf in the final order.
Case Title: Prosecutrix X versus The State of Madhya Pradesh and Others, Writ Petition No. 19343 of 2025
Counsel for Respondents/State: Advocate Girish Kekre
