In Brief
A 35-year-old destitute rape victim, who was HIV-positive and 20+ weeks pregnant, sought termination of her pregnancy. The High Court refused, citing medical risk. The Supreme Court held that under the Medical Termination of Pregnancy Act, 1971, her rape-induced pregnancy presumptively constitutes grave mental injury, entitling her to termination upon her sole consent—no father's or husband's permission needed. Hospital negligence in delaying termination violated her constitutional rights. The Court set aside the High Court's order, directed Rs. 10 lakh compensation for negligence and trauma, and mandated the State provide full medical care and nutrition for the child. The judgment reaffirmed women's reproductive autonomy and distinguished mental retardation from mental illness in consent frameworks.
The lawyer headnote and full judgment text are available to registered users.