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Allahabad High Court Presses UP for Monitored Policy on MTP Access in Rape Cases

The bench sought an affidavit from the health department citing failures that leave victims past legal time limits.

Overview

  • Acting on a suo motu PIL arising from a writ by a POCSO victim seeking termination, a bench of Justices Saumitra Dayal Singh and Indrajeet Shukla reviewed Uttar Pradesh’s implementation of MTP protocols.
  • The court noted that termination is permitted up to 20 weeks and, in specified rape-related circumstances, up to 24 weeks, yet many survivors learn of pregnancies too late due to lack of awareness and procedural clarity.
  • The bench found execution gaps in the state’s SOPs and criticized police practices that prioritize prosecution over the human needs and rights of victims.
  • It urged a comprehensive, closely monitored policy with designated nodal officers and multidisciplinary support, including counselors, probation officers, and medical experts from first report through treatment or termination.
  • The court called for ready access to pregnancy tests to prevent breaching the 24-week limit and for victim-oriented schemes covering adoption options, compensation, and preservation of foetal material for trial, with the next hearing set for March 13, 2026.