Cuttack: In a landmark ruling, the Orissa High Court has permitted a rape survivor to undergo medical termination of pregnancy and directed that a DNA test of the fetus be conducted and produced before the court as evidentiary material.

The survivor had approached the High Court seeking permission for abortion as well as DNA examination of the fetus. Allowing her petition, the court observed in its judgment that the fetal DNA test may be carried out and submitted before the trial court as admissible evidence.

Ruling underscores bodily autonomy and dignity of sexual assault survivors

According to case records, the survivor had initially lodged a complaint at the Rourkela Women Police Station. Subsequently, the case was transferred to Binjharpur Police Station for further investigation. A medical examination conducted on November 24 revealed that the survivor was 13 weeks pregnant at the time. By the time she approached the High Court, the pregnancy had advanced to nearly 21 weeks.

The court noted that the survivor was not physically and mentally fit to continue with the pregnancy, which had resulted from sexual assault. Considering her condition and circumstances, the High Court granted permission for termination of the pregnancy.

The ruling is being seen as a significant step in upholding the rights, dignity, and bodily autonomy of sexual assault survivors, while also ensuring that crucial forensic evidence is preserved for the purpose of justice.

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