Kerala HC 'Can’t force rape victim to give birth to child of rapist'

The Kerala High Court has ruled that a rape victim cannot be forced to give birth to the child of a man who raped her.

“Section 3(2) of the Medical Termination of Pregnancy Act, provides that if the continuance of the pregnancy would cause grave injury to the physical or mental health of the pregnant woman, the pregnancy



can be terminated.

“Explanation 2 of Section 3 (2) says that where the pregnancy was caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Hence, a rape victim cannot be forced to give birth to a child of a man who sexually assaulted her.