New Delhi: Compelling a rape survivor to continue a pregnancy caused by sexual assault and forcing her into motherhood against her will would amount to a serious violation of her right to live with dignity, the Delhi High Court has observed.

The court made the remarks while allowing the plea of a 15-year-old rape survivor seeking termination of her pregnancy, which had crossed 30 weeks of gestation. Justice Madhu Jain said the advanced stage of pregnancy could not be considered in isolation while dealing with cases involving sexual assault.

“In cases arising out of sexual assault, compelling a survivor to continue with a pregnancy resulting from the assault and thereby fastening upon her the responsibility of motherhood against her will would amount to a serious impairment of her right to live with dignity,” the court said in its September 8 order.

The court observed that a woman’s bodily autonomy includes the right to decide whether she wishes to become a mother. It added that forcing a minor survivor to carry and deliver a child conceived through assault could lead to further physical and psychological trauma.

While allowing the termination, the court directed Lady Hardinge Medical College and S K Hospital to conduct the procedure after assessing medical feasibility and following necessary safeguards. It also ordered preservation of foetal material for DNA identification in the ongoing criminal case.

The court noted that the survivor had already endured severe trauma and had lost both parents. “A child of 15 years cannot be reduced to the description of a ‘mother’ merely because she has been forced into pregnancy as a consequence of sexual violence,” it said.

The State was directed to bear all medical expenses related to the procedure and provide necessary care and support to the survivor.