Karnataka High Court Fast Tracks Abortion for Child Sexual Assault Victim

Delivering on our commitment to providing timely access to justice for vulnerable individuals, iProbono India recently intervened to ensure access to health services for a 13-year-old victim of sexual assault. The child, Veenal*, urgently required a medical termination of pregnancy (MTP) which was caused due to sexual assault in Bengaluru. In collaboration with Enfold Proactive Health Trust and medical professionals, iProbono’s panel advocate was able to petition the Karnataka High Court and obtain a favourable order in less than 48 hours.

Veenal was living at a residential educational facility and had been sexually assaulted by her stepfather. Her mother, learning of her discomfort, took her for a medical examination, and discovered that Veenal was 28 weeks pregnant. Veenal’s mother reported the incident to the police, who filed an FIR under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. Veenal was admitted into Vani Vilas Hospital (VVH), a government hospital in Bengaluru. Recognising the urgency of the case, VVH reached out to Enfold Proactive Health Trust, who then contacted our team for urgent legal assistance.

Our panel advocate, Ponnappa K. S., presented a Writ Petition before the Karnataka High Court. This petition was prepared and filed within a matter of hours, due to upcoming court vacations.

Swift Action by the Karnataka High Court
The Karnataka High Court, recognising the urgency of the case, took immediate action  and directed  VVH to convene a medical board and submit their findings within 24 hours.

By the next morning, the medical board’s report confirmed that the medical termination of Veenal’s pregnancy was feasible. On the same day, the court delivered its final order, instructing VVH to perform the MTP under the Medical Termination of Pregnancy Act, 1971, at the state’s expense. The High Court further directed the  District Legal Services Authority (DLSA) to disburse Rs. 3,00,000  for Veenal’s medical care and recovery. The Court also mandated that evidence should be sent for DNA analysis to aid the criminal investigation. Lastly, the jurisdictional police were tasked with ensuring safe transport for Veenal to and from the hospital.

Within just 30 hours, the petition had been drafted, submitted and disposed by the High Court. This underscores how collaboration between legal, medical, and social actors can expedite remedies for sexual assault victims and survivors, and demonstrates how the judicial system can respond quickly when all stakeholders work together efficiently. This remarkable speed offers vital lessons for improving the handling of sexual violence cases.

Key Insights

Veenal’s case is part of a recent and positive move by the Karnataka High Court, that has been providing speedy redressal to victims of sexual assault, particularly where medical termination of pregnancies are involved. It also shows important areas for strategic intervention to improve access to justice for vulnerable sections of society.  

• Inter-Agency Coordination: Direct communication between hospitals and support services streamlined the process. In many cases, victims end up facing procedural hurdles, like the Child Welfare Committee (CWC), or hospitals insisting on judicial orders, even when the pregnancy is within the legally permissible limit of 24 weeks.
• Financial Relief: Timely financial aid plays a critical role in supporting victims’ recovery and strengthens the family resolve to support the case. 
• Preservation of Evidence: Preserving medical evidence, such as fetal DNA, can significantly strengthen the prosecution’s case in sexual assault trials under the POCSO Act before the Special Courts.
• Awareness of Support: Victims often delay reporting due to concerns regarding confidentiality, or lack of information. Greater awareness about the provisions of the law and support systems available to them is  essential 

Building a Better System

Veenal’s case, like others our team has taken up,  is more than just a legal victory. It highlights the transformative impact of a coordinated, victim-centered approach. It also demonstrates how our work ensures victims of sexual violence receive the justice and care they deserve. 

*Name changed to protect privacy.