Orissa HC Allows Termination of Rape Survivor’s Pregnancy, Orders DNA Test

The decision was made while hearing a petition submitted by the victim, who said the pregnancy was the result of sexual assault and continuing would seriously affect her physical and mental health.

The court noted that the survivor was approximately 21 weeks and four days pregnant; this is a stage that normally goes beyond the legal limit prescribed under the Medical Termination of Pregnancy (MTP) Act. However, the bench took note of a special Standard Operating Procedure (SOP) issued by the Odisha government in September 2025, which allows termination of pregnancy in cases involving minors and other complex situations.

Taking into account these provisions and the facts of the case, the Supreme Court decided to terminate and preserve the fetal tissue for DNA analysis. The DNA report will be used as evidence in the case against the defendant.

The survivor had earlier lodged a complaint with the Rourkela Women Police Station. The case was initially registered as a zero FIR and was later transferred to Binjharpur Police Station in Jajpur district for further investigation.

The court also directed the authorities to provide immediate and adequate medical care to the survivor, given the sensitive nature of the case.

“The Supreme Court directed the investigating officer to collect samples through the doctor for evidentiary purposes and ordered termination of pregnancy within two weeks under the MTP Act,” said Sushant Sekhar Parida, the survivor’s lawyer.

The decision appears to strengthen the rights and dignity of victims of sexual assault while ensuring the preservation of important forensic evidence for prosecution.