Mandatory Pregnancy Tests for Rape Victims: High Court's Landmark Decision

Jabalpur (The Uttam Hindu): Madhya Pradesh High Court, while giving a very important decision in the interest of rape victims, has directed the Director General of Police (DGP) of the state that after registering a complaint of rape, a pregnancy test should also be conducted compulsorily during the medical examination of the victim. The single bench of Justice Vishal Mishra said that by getting information about pregnancy in the early stage, important decisions like abortion can be taken in time, which will save the life of the victim.

The court clarified that if the pregnant victim and her guardian wish to have an abortion, any delay in this can prove fatal for their life. This decision has been given especially keeping in mind the safety and health of minor victims.

In fact, many cases related to abortion of minor rape victims in Madhya Pradesh are pending in the High Court. In these cases, due to delay, the pregnancy often exceeds 24 weeks, after which according to Indian law, permission of the High Court is required for abortion. In February 2025, the High Court had already issued a guideline, stating that if a minor victim is pregnant for 24 weeks or more, prior permission of the High Court will be mandatory for abortion.

This decision pertains to a particular case from Sehore district, where the case of a minor victim reached the High Court via the POCSO court. Investigation revealed that the victim's pregnancy was more than 24 weeks and her medical report also stated that abortion could be risky, while continuing the pregnancy could also pose a threat to the life of the minor. In this case, the court was faced with the serious question of what could be the right way to save life.

The Madhya Pradesh High Court has ordered the DGP to issue immediate instructions to the Superintendents of Police of all the districts of the state to ensure strict compliance of this decision. It has been made clear that pregnancy test will now be included compulsorily in the investigation process of rape victims. The court has also asked the concerned departments to cooperate fully in this process. This decision is not only an important step towards providing justice to the victims, but it will also strengthen the administrative system.

It is often seen that the parents come to know about the victim's pregnancy very late and by the time they apply for permission for abortion, the pregnancy is already quite advanced. This makes abortion difficult from both legal and medical point of view.

This order of the Madhya Pradesh High Court is a bold and humanitarian decision, which opens a new path to protect the lives of rape victims and safeguard their rights. This will not only speed up the justice process, but will also provide mental and physical relief to the victims. Now it is the responsibility of the state police and health department to implement this order timely and effectively, so that rape victims can be provided justice and protection soon.