Orissa HC Allows Termination of Rape Survivor’s Pregnancy, Orders DNA Test
Considering these provisions and the facts of the case, the High Court allowed the termination and directed that foetal tissue be preserved for DNA analysis
Bhubaneswar: The Orissa High Court on Wednesday permitted the medical termination of pregnancy of a rape survivor and directed that a DNA examination of the foetus be conducted to aid the criminal investigation.
The order was passed while hearing a petition filed by the survivor, who told the court that the pregnancy was the result of sexual assault and that continuing it would severely impact her physical and mental health.
The court noted that the survivor was around 21 weeks and four days pregnant, a stage that ordinarily falls beyond the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act. However, the bench took into account 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 circumstances.
Considering these provisions and the facts of the case, the High Court allowed the termination and directed that foetal tissue be preserved for DNA analysis. The DNA report will be used as evidence in the case against the accused.
The survivor had earlier lodged a complaint at the Rourkela Women Police Station. The case was initially registered as a zero FIR and later transferred to Binjharpur Police Station in Jajpur district for further investigation.
The court also directed the authorities to ensure immediate and adequate medical care for the survivor, given the sensitive nature of the case.
“The High Court has directed the investigating officer to collect samples through the doctor for evidentiary purposes and ordered termination of the pregnancy under the MTP Act within two weeks,” said the survivor’s counsel, Sushant Sekhar Parida.
The ruling is being seen as reinforcing the rights and dignity of survivors of sexual assault, while ensuring that crucial forensic evidence is preserved for prosecution.