Cuttack: In a significant ruling aimed at protecting the rights, health, and dignity of sexual assault victims, the Orissa High Court has permitted a rape survivor to undergo medical termination of pregnancy (MTP).
The court also directed that a DNA test be conducted on the foetus to strengthen the ongoing criminal investigation against the accused.
The judgment, delivered on Wednesday, came in response to a petition filed by the survivor, who sought legal approval for the abortion after becoming pregnant as a result of the assault. The court took into account the survivor’s physical and mental well-being, emphasising that continuing the unwanted pregnancy would cause grave harm. It highlighted broader principles of justice and dignity.
The bench allowed for the procedure, directing that it be carried out under proper medical supervision to ensure the safety of the survivor.
This is being seen as a landmark judgment in reinforcing the rights of rape survivors in Odisha.
In addition to granting permission for abortion, the HC ordered a DNA test of the foetus. This step is intended to aid the investigation by establishing conclusive forensic evidence linking the accused to the crime. The court observed that such scientific evidence would strengthen the prosecution’s case and help deliver justice more effectively.
Welcoming the judgement, the survivor’s lawyer said, “The court has granted 2 weeks for termination of pregnancy under MTP Act. The investigating officer will collect samples from the doctor, which will help in investigations, as per the directions of the court.”
