In Brief
A 35-year-old destitute rape victim, living in a government shelter home and HIV-positive, sought termination of her 20+ week pregnancy. The hospital delayed the procedure despite her clear consent and allegations of rape, forcing her to carry the pregnancy to term. The High Court declined to order termination, citing medical risk and applying "compelling State interest" doctrine, and wrongly required her father and husband to consent. The Supreme Court held that under the Medical Termination of Pregnancy Act, 1971, a rape victim's pregnancy presumes grave mental injury, requiring only her own consent for termination when statutory conditions are met. The hospital's negligent delay violated her fundamental reproductive rights. The Court set aside the High Court's order and awarded Rs. 10 lakhs compensation under public law remedy for the State's breach of statutory duty and causation of irreversible mental trauma.
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