Can a rape survivor seek abortion?
Abortion is a healthcare service, and can be sought by all pregnant persons, including those who conceived as a result of rape. Medical professionals cannot refuse to provide abortion services to anyone purely because of the cause of conception. [See: Note 1] [See Related Link: X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. (2022)]
Several courts in India have upheld that refusing safe abortion services to rape survivors “would amount to the denial of her right to live with dignity.” [See Related Link: Ms. X v. State of Uttar Pradesh & Ors (2023)]
Guidelines issued by the Ministry of Health and Family Welfare, Government of India [See Related Link: MOHFW Guidelines and Protocols on Medico-legal care for survivors/victims of sexual violence], direct health care facilities to ensure that survivors of sexual violence have access to post-rape care including an option of undergoing safe abortion. Other emergency services to be provided include:
- access to emergency contraception,
- post-exposure prophylaxis for HIV prevention,
- police protection,
- emergency shelter,
- documentation of cases,
- forensic services, and
- referrals for legal aid.
Select your gestation period to know more
Related Links
Notes
In a landmark judgment, the Supreme Court of India recognized that rape, along with other circumstances listed in Rule 3B that result in conception, are deeply distressing to the pregnant person's "physical, mental, social, or financial state".