In a significant move aimed at reducing delays in access to reproductive healthcare, the Madhya Pradesh High Court has reiterated that survivors of rape, sexual assault, or incest do not need court permission to terminate pregnancies of up to 24 weeks under the Medical Termination of Pregnancy (MTP) Act, 1971.
The observation came from the Indore Bench of Justice Sandeep N. Bhatt while hearing a petition filed by the father of a 16-year-old rape survivor seeking judicial approval to terminate her 18-week pregnancy. The plea highlighted the severe mental trauma faced by the minor due to the continuation of the pregnancy.
However, the court noted that judicial intervention was unnecessary in such cases. Referring to a February 2025 Division Bench judgment of the Madhya Pradesh High Court, Justice Bhatt emphasized that the MTP Act already permits termination of pregnancies up to 24 weeks for survivors of sexual assault, rape, or incest without requiring them to approach the courts.
The court subsequently disposed of the petition and directed the State Health Commissioner to circulate the earlier judgment among hospitals, particularly government healthcare facilities, to ensure that eligible survivors are not asked to obtain court orders in future cases.
“The Commissioner, Health Department, may communicate the Division Bench order to all concerned hospitals so that such situations can be handled appropriately in the future,” the court stated.
The February 2025 Division Bench ruling, headed by then Chief Justice Suresh Kumar Kait, had also established Standard Operating Procedures (SOPs) for handling pregnancy termination requests from rape and incest survivors. The guidelines clearly state that no legal requisition, magisterial order, or court approval is required for pregnancies up to 24 weeks. Judicial permission becomes necessary only when the pregnancy exceeds the 24-week limit prescribed under the law.
The latest order is expected to strengthen awareness among healthcare providers and ensure faster, less burdensome access to safe and legal abortion services for survivors of sexual violence across Madhya Pradesh.
