Name of the Case: AB v. State of Uttar Pradesh
Citation: 2025:AHC:116122-DB
Hon’ble Bench: Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra
Date: 17.07.2025
The Hon’ble Allahabad High Court, considering a petition by a minor rape victim seeking termination of a 31-week pregnancy, permitted the abortion despite the foetus’s gestational age exceeding statutory limits under the MTP Act. The Hon’ble Court emphasised that the reproductive autonomy, dignity, and mental and physical health of the pregnant woman are paramount, and statutory restrictions must yield to these fundamental rights. In the present scenario, detailed counseling sessions failed to persuade the minor and her family to carry the pregnancy to full term, and the Hon’ble Court took note of the compounded trauma, social stigma, and mental distress resulting from the crime.
The judgment reiterates that the ultimate decision making power in such sensitive matters rests entirely on the woman who is pregnant, whose agency must be respected, particularly in cases of rape. Balancing the risk to the health of the minor against her unequivocal wishes and the unique circumstances herein, the Hon’ble bench, while acknowledging the critical and risky nature of the procedure at this stage, directed the Medical Termination to be executed swiftly and safely under expert medical supervision, while also ordering State support for all expenses, noting the situation of abject poverty of the underage victim and her family members1.
- https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=12485983 ↩︎
