Indian Court Rejects Abortion for 10-Year-Old Rape Victim
Background & Timeline
- Medical Termination of Pregnancy (MTP) Act, 1971 sets a legal abortion limit at 20 weeks in India, with exceptions allowed if the mother’s life is at risk or the foetus is unviable.
- In July 2017, a 10-year-old girl from Chandigarh, allegedly raped repeatedly by her uncle over seven months, was found to be approximately 32 weeks pregnant when she experienced abdominal pain and was assessed by doctors.
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Legal Proceedings
- On July 18, 2017, the Chandigarh District Court denied the abortion plea, citing the advanced 32-week pregnancy and associated surgical risks based on medical advice.
- The matter was escalated to the Supreme Court of India, where a bench led by Chief Justice J.S. Khehar, along with Justice D.Y. Chandrachud, reviewed the case. The Court relied on a panel report by experts from PGI Chandigarh, finding that termination was unsafe for both the girl and the fetus. On July 28, 2017, the Supreme Court dismissed the petition, ordering proper medical care for the minor but refusing abortion, as the procedure would pose major health hazards. In its judgment, the Court encouraged the government to consider establishing permanent Medical Boards in each state to expedite decisions in such extraordinary cases, especially where advanced pregnancies follow rape incidents.
How the Crime Was Committed
- The girl was repeatedly sexually assaulted by her maternal uncle, who lived in the same household.
- Investigations revealed that the abuse had been ongoing for over seven months, with threats of harm to silence her.
- The assaults primarily took place when the girl’s parents were away at work.
How the Accused Were Captured
- Initial Arrest
- The first suspicion fell on the elder maternal uncle after the pregnancy was discovered.
- He was arrested soon after a police complaint was lodged.
- DNA Evidence & Breakthrough
- A court-ordered DNA test revealed he was not the biological father of the child.
- This led to reinvestigation.
- Second Uncle Arrested
- Based on the girl’s further statements and evidence, another maternal uncle—his younger brother—was arrested.
- DNA tests confirmed his paternity, leading to formal charges.
Conviction & Sentencing
- November 2017 – A Sessions Court in Chandigarh convicted both maternal uncles under:
- Section 376 IPC (Rape)
- Sections 5 & 6 POCSO Act (Aggravated Penetrative Sexual Assault)
- Sentence: Both were given life imprisonment until death.
- Fines & Compensation:
- ₹3,05,000 each imposed as fine
- ₹3,00,000 each awarded to the victim as compensation
- ₹5,000 each to the State exchequer
Outcome & Aftermath
- On August 17, 2017, the girl underwent a Caesarean delivery at a government hospital in Chandigarh. Both mother and baby were reported to be stable; the child, underweight at around 2.2 kg (~5½ lbs), was in neonatal intensive care. This case spotlighted the delays and critical risks involved in judicial processes for MTPs, reinforcing calls for legislative reform.
- · The case sparked national debate over delays in abortion permissions, especially in child rape cases.
- · It also highlighted the gaps in the Protection of Children from Sexual Offences (POCSO) Act enforcement, where family members are often the perpetrators.
- · Advocacy groups have since pressed for raising the legal abortion limit to 24 weeks, a reform partially implemented in later amendments.
Commentary & Broader Implications
This case underscores the urgent need to streamline access to safe abortion, particularly in child-rape contexts. Advocacy groups and policy experts repeatedly highlight:
- POCSO Act 2012 and health guidelines mandate that registered medical practitioners provide immediate care—including abortion—for child rape survivors. However, procedural delays and risk-averse interpretations still prevent timely interventions.
- Several subsequent cases reveal a gap between legal rights and practical access. Courts sometimes allow late-term abortions for minors (e.g., a 10-year-old at 21 weeks in Haryana), while others deny them, citing fetal viability or life-risk considerations.
Experts and lawmakers have advocated amendments to the MTP Act, such as raising the legal limit from 20 to 24 weeks, though implementation remains inconsistent.
