Punjab and Haryana High Court stresses dignity in decision on minor rape victim’s MTP

Saurabh Malik

Chandigarh, January 13

The Punjab and Haryana High Court has underscored that life extends beyond mere breathing. It is fundamentally about the ability to live with dignity. The assertion came as Justice Vinod S Bhardwaj of the High Court granted permission for a minor rape victim’s medical termination of pregnancy (MTP) in a case where her family expressed unwillingness to bring up the child.

Life not just about breathing

Such decisions are tough. However, life is not just about being able to breathe – rather it is about being able to live with dignity. Where the denial of dignity, and social as well as family acceptance or approval, is writing on the wall, it compounds the agony of the child and leads to greater injustice. Justice Vinod S Bhardwaj

The victim, a 15-year-old, found herself at the centre of legal proceedings as her mother sought permission for the termination of the pregnancy in accordance with the statutory mandate. Her counsel, during the proceedings, highlighted her plight and the fact that the pregnancy had surpassed

12 weeks.

Justice Bhardwaj asserted it was not in dispute that the victim was a minor and dependent on her family. She was yet to complete her education and pursue her goals in life. It could not be overlooked that the pregnancy was an outcome of the “violation of the minor”. It was a testimony to her bruised body and soul.

Justice Bhardwaj also asserted the child, if born, would not be a reminder of good memories, but of trauma and agony she had to undergo. As an unwanted child, the member was also likely to either live a tormenting life filled up with taunts to his/her origin, or only to be given away.

In either of the situation, the mother and child would suffer social stigma and incarceration for rest of their lives. It was not in the best interest of the mother. Her family had already expressed unwillingness and it may not even be advancing the cause of the unborn, who would grapple to come to terms with life and be subjected to maltreatment for no fault.

Justice Bhardwaj observed: “Such decisions are tough. However, life is not just about being able to breathe – rather it is about being able to live with dignity. Where the denial of dignity, and social as well as family acceptance or approval, is writing on the wall, it compounds the agony of the child and leads to greater injustice. Balance, thus, needs to be drawn to examine the overall wellbeing.”

Justice Bhardwaj added the decision was between mitigating the trauma experienced by the victim and exacerbating it through the birth of a child, who would only be subjected to victimisation. In light of the limited options, permitting the termination of pregnancy appeared more judicious.

Before parting with the order, Justice Bhardwaj asked the medical board director of Dr BR Ambedkar Institute of Medical Sciences, Mohali, to take all appropriate and necessary steps required for carrying out the medical termination of the pregnancy of the petitioner’s minor daughter.