Orissa High Court: Orissa high court asks doctors to explore alternative for termination of 30 week pregnancy of minor rape survivor

CUTTACK: The Orissa High Court on Friday directed medical authorities in Bhubaneswar to examine whether any safe alternative method can be used to end the … Read more

Orissa high court asks doctors to explore alternative for termination of 30 week pregnancy of minor rape survivor

CUTTACK: The Orissa High Court on Friday directed medical authorities in Bhubaneswar to examine whether any safe alternative method can be used to end the pregnancy of a 16-year-old rape survivor, after a medical board ruled out termination at the advanced stage of over 30 weeks.Provisions of Medical Termination of Pregnancy (Amendment) Act, 2021 do not permit a woman to terminate pregnancy if it has crossed 24 weeks. The woman is required to seek the high court’s permission to do so.The HC was hearing a plea filed by the rape victim’s parents seeking termination of what they termed an “unlawful pregnancy” and state-funded medical care. the petitioners’ counsel Ramakanta Sarangi suggested the possibility of administering an intra-cardiac potassium chloride (KCL) injection as an alternative.Taking note of it the single-judge bench of Justice BP Routray asked the Director of Capital Hospital, Bhubaneswar “to examine the feasibility of safe administration of any such injection to end the life of the fetus without causing any harm/danger to the life of the mother, if necessary in consultation with the appropriate medical board or team of doctors, and opine on the same.”“The Director is also directed to state, if there is any other possibility available to end the life of the fetus without risking the life of the mother,” Justice Routray added.The HC has posted the matter for further hearing on May 4 and directed the hospital director to appear virtually with a detailed report.Earlier, on April 27, the HC had declined permission for medical termination of pregnancy based on the opinion of a state medical board. The board noted that the pregnancy had reached 30 weeks and 4 days, the fetus was viable with no congenital abnormalities, and termination at this stage could pose significant risks, including complications from preterm delivery.Following the rejection, the petitioner counsel had sought time to consider further steps regarding the care and support of the minor. The court, meanwhile, had instructed the hospital to continue providing all necessary medical treatment and facilities to the girl.The proceedings stem from a March 23 petition filed by the parents of the 16-year-old rape victim who was rescued following intervention of the high court in a habeas corpus plea on on December 27, 2025. Following her rescue, the girl was subjected to medical examination and “was found to carry an embryo in her womb”.While disposing of the habeas corpus petition filed by the parents of the minor girl in January 2026, the HC expressed serious concern over the failure of police to promptly trace a minor girl who was allegedly kidnapped and sexually abused, observing that such a victim falls squarely within the category of a “child in need of care and protection” under the law.

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