Karnataka High Court
Ms. X vs State Of Karnataka on 9 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8502
WP No. 104389 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104389 OF 2025 (GM-RES)
BETWEEN:
MS. X,
AGED ABOUT: 15 YEARS 4 MONTHS,
MINOR
REPRESENTED BY HER MOTHER:
NIRMALA B. HARIJAN,
W/O. BASAPPA HARIJAN,
AGED ABOUT 33 YEARS, OCC: LABOUR,
R/O. HIREMANAKATTI, DISTRICT: HAVERI-581205.
...PETITIONER
(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA, BANGLORE-560001.
2. K.I.M.S. HOSPITAL HUBBALLI,
REPRESENTED BY THE MEDICAL SUPERINTENDENT
VIJAYALAKSHMI
M KANKUPPI KIMS, HUBBALLI-580022.
Digitally signed by
VIJAYALAKSHMI M
KANKUPPI
3. K.I.M.S. HOSPITAL HUBBALLI,
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2025.07.14 12:38:34
DEPARTMENT OF OBSTETRICS AND GYNECOLOGY,
KIMS, HUBBALLI,
+0530
REPRESENTED BY ITS DIRECTOR/HOD
KIMS, HUBBALLI-580022.
4. STATE OF KARNATAKA,
HULAGUR POLICE STATION,
REP. BY PUBLIC PROSECUTOR,
HAVERI-581126.
5. DISTRICT LEGAL SERVICES AUTHORITY,
REPRESENTED BY ITS CHAIRMAN/MEMBER SECRETARY
DISTRICT COURT COMPLEX, HAVERI-581110.
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6. DISTRICT CHILD PROTECTION OFFICER, HAVERI,
DISTRICT CHILD PROTECTION OFFICER,
DISTRICT CHILD PROTECTION UNIT,
VIDYA NAGAR EAST, P.W.D. QUARTERS,
OPPOSITE SHREE ANJANEYYA TEMPLE,
HAVERI, DIST: HAVERI-581110.
...RESPONDENTS
(BY SRI. S.V. MAGADUM, AGA FOR R1, R4, R5 & R6;
SRI. ARAVIND KULKARNI, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO
1. ISSUE AN APPROPRIATE WRIT OF MANDAMUS DIRECTING
RESPONDENT NO.2 AND RESPONDENT NO.3 TO ADMIT THE
PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO
TERMINATE THE PREGNANCY.
2. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION
DIRECTING OR RESPONDENT NO.2 AND 3 HOSPITAL, TO
PRESERVE THE TERMINATED FOETUS/PRODUCT OF
CONCEPTION FOR THE PURPOSE OF DNA TESTING AND
ANALYSIS.
3. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION
DIRECTING THE RESPONDENT NO.4 INVESTIGATING OFFICER,
POLICE STATION, HULAGUR, HAVERI BEING RESPONDENT
NO.4, TO TAKE ANY AND ALL STEPS TO CONDUCT DNA TESTS.
4. DIRECT THE RESPONDENT NO.5, DISTRICT LEGAL SERVICES
AUTHORITY, HAVERI TO DISBURSE AT SUM OF RUPEES THREE
LAKHS ONLY TO THE PETITIONER UNDER THE KARNATAKA
VICTIM COMPENSATION SCHEME.
5. DIRECT THE RESPONDENT NO.6, SUM OF RUPEES SEVENTY
FIVE THOUSAND ONLY AND/OR ANY OTHER FURTHER
AMOUNTS TO THE PETITIONER IN ORDER FOR HER TO MEET
THE EXPENSES OF MEDICAL TREATMENTS, COUNSELING
SERVICES, AND ANY OTHER MEDICAL CARE AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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WP No. 104389 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
This is an unfortunate case of 15 years 4 months old
young female child, who is represented by her mother and
is before this Court seeking permission for Medical
Termination of Pregnancy (MTP) and it is a spine chilling
and heart wrenching tale of 15 years old girl. Petitioner
was taken to the KIMS Hospital, Hubballi, by her mother,
complaining about the irregular menstrual cycle of her
minor daughter, during which time shockingly she came to
know about the pregnancy of her minor daughter. The
mother of the petitioner lodged a complaint before the
Hulgur Police Station in Crime No.0044/2025 against the
accused for the offences punishable under Sections 4, 6
and 8 of the Protection of Children from Sexual Offences
(POCSO) Act, 2012 and Sections 64(2)(f) and 64((2)(m)
of BNS. Pursuant to clinical check up and treatment, it
was revealed to the mother of the petitioner that her
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minor daughter (victim girl-X) is 24 weeks and 2 days of
pregnant gestation.
2. In view of unforeseen, unwanted pregnancy the
minor girl is not willing to beget the child at this stage and
considering her age and health condition, this petition is
filed seeking permission of this Court to abort the feotus
by way of Medical Termination of Pregnancy (MTP). The
victim minor girl (X) comes from a lower socio-economic
class background and she has no means to support herself
and is dependant on her parents and her parents do not
want their daughter to beget the child which is forced on
her, without consent of the petitioner, inflicted on the
young school going child.
3. Learned counsel for the petitioner has relied on
the Judgment of this Court in identical case in Writ
Petition No.105785/2024 (GM-RES), wherein, in a
similar situation, this Court had permitted the Medical
Termination of Pregnancy (MTP). Learned counsel for the
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petitioner has also relied on the Judgment rendered by the
Hon'ble Apex Court in the case of Meera Santosh Pal and
Others vs. Union of India and Others, reported in (2017)
3 SCC 462, wherein it is held in the report of the Medical
Board that, continuing pregnancy will cause more mental
anguish, more pain and agony. Hence, the present petition
is filed.
4. This Court upon hearing the petitioner, vide
order dated 07.07.2025 directed respondent Nos.2 and 3
to constitute a Medical Board of responsible doctors for
considering the case of the minor child of 15 years 4
months old for undergoing medical termination of
pregnancy and furnish report accordingly. In compliance of
the said order passed by this Court, learned counsel for
respondent Nos.2 and 3 filed a memo along with the
report of the Medical Board, whereby the Medical Board
has certified the petitioner minor victim girl (X) to be fit to
undergo Medical Termination of Pregnancy (MTP) by its
report dated 08.07.2025.
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5. Having considered the said report, this Court is
of the opinion that, in the interest of the minor victim girl,
her health, future and the condition in which the petitioner
minor victim girl is living, it would be better to accept the
Medical Board's report and to permit the minor victim girl
(X) to undergo Medical Termination of Pregnancy (MTP).
6. Under the circumstances, taking all these facts
into consideration and the medical report furnished by the
Medical Board, this Court accepts the argument put forth
by the learned counsel for the petitioner for granting
permission to the petitioner to get the Medical Termination
of Pregnancy (MTP) of his minor child aged 15 years 4
months. Accordingly, I pass the following:
ORDER
i. Writ Petition is allowed.
ii. Petitioner minor girl-X is permitted to undergo
Medical Termination of Pregnancy (MTP) through
respondent No.3.
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iii. Respondent No.3 is directed to conduct Medical
Termination of Pregnancy (MTP) of the petitioner
minor girl-X, as per report submitted by the
Medical Board dated 08.07.2025, in accordance
with the provisions of the Medical Termination of
Pregnancy Act, 1971.
iv. Further, upon termination of pregnancy,
respondent No.3 shall ensure that the
foetus/abortus is preserved for DNA test, if
terminated.
v. Copy of this order shall be furnished to the
petitioner and respondents forthwith for
immediate and suitable action.
vi. The respondents shall conduct the Medical
Termination of Pregnancy (MTP) as early as
possible and the report shall be filed thereafter
before this Court.
vii. It is needless to mention that, proper and suitable
medical care and attention shall be given to the
petitioner minor girl-X, while performing the MTP.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
gab
CT-MCK
