Gwalior, September 8: The Gwalior bench of Madhya Pradesh High Court recently declined to allow medical termination of pregnancy of a 19-year-old girl, observing that she is mature enough to know consensual sex without protection. The girl had sought permission to abort her pregnancy, alleging that one Rocky Shakya, whom she loved, raped her on pretext of marriage. However, the court refused permission noting that sex was consensual. India Is Conservative Society, Unmarried Girls Don’t Indulge in Carnal Acts for Fun: Madhya Pradesh High Court in Order Against Bail To Rape Accused.
The petitioner told the court that Rocky was having a physical relationship with her for the last 4-5 years, according to a report by Live Law. She also said that the man had promised to marry her. When she became pregnant, she alleged, he refused to marry. Therefore, she approached the court seeking permission to abort the fetus. Refusing permission, the court noted that she was having consensual relationship with him. Display of Photographs of Suspects in Newspaper or Digital Platforms, Parading Before Media by Police Violate Their Fundamental Rights: Madhya Pradesh High Court.
"The petitioner is aged about 19 years, therefore, she is mature enough to realize the consequences of consensual sex without any precaution," the bench of Justice GS Ahluwalia said. He pointed out that even the FIR stated that the girl was in deep love with the man and would visit his house and they used to have consensual sex.
"The petitioner is a major girl knowing fully well the pros and cons of consensual sex without any precaution. Even the FIR was lodged after it was detected that the petitioner is pregnant," Justice Ahluwalia said. He further underlined that prima facie it does not appear that the consent for sex was obtained by misrepresentation of facts.
"This Court is of the considered opinion that since the petitioner involved herself in a consensual sex knowing fully well about the consequences of such act, and the allegations made in FIR, do not prima facie make out a case of consent obtained by misrepresentation of fact, therefore, under these circumstances, medical termination of pregnancy cannot be permitted," the judge held.