[Cites 5, Cited by 0]
Karnataka High Court
Ms X vs State Of Karnataka on 29 January, 2026
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 2671 OF 2026 (GM-RES)
BETWEEN:
MS X
Name of the Petitioner is not disclosed as she was a
minor at the time of incident and a victim of child
sexual abuse. This non-disclosure is in accordance
with the order of this Hon'ble Court dated
12.05.2020 in W.P.No.6763/2020 and the order of
the Hon'ble Supreme Court in Nipun Saxena Vs.
Union of India, (2019) 2 SCC 703.
...PETITIONER
(BY SRI. ROHAN KOTHARI, ADVOCATE)
Digitally AND:
signed by
VANAMALA
N 1. STATE OF KARNATAKA
Location: THROUGH CHIKKABALAPURA WOMEN PS
HIGH
COURT OF REPRESENTED THROUGH LD. HCGP
KARNATAKA HIGH COURT BUILDING,
VIDHAN SOUDHA
BANGALORE - 560 001
2. VANI VILAS WOMEN'S AND
CHILDREN HOSPITAL
VICTORIA HOSPITAL COMPOUND,
SULTAN ROAD, KALASIPALAYA
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BANGALORE 560 002
3. KARNATAKA STATE LEGAL SERVICES AUTHORITY
1ST FLOOR, NYAYA DEGULA,
H.SIDDAIAH ROAD
BANGALORE 560 027
REPRESENTED BY ITS
MEMBER SECRETARY
...RESPONDENTS
(BY SMT. SARITHA KULKARNI, AGA FOR R1)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION,
DIRECTING RESPONDENT NO.2 TO IMMEDIATELY TAKE
ALL NECESSARY STEPS TO MEDICALLY TERMINATE
HER PREGNANCY FORTHWITH; ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, DIRECTING RESPONDENT NO.
2 PRESERVE THE TERMINATED FOETUS/PRODUCT OF
CONCEPTION FOR THE PURPOSE OF DNA TESTING
AND ANALYSIS; ISSUE A WRIT OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION,
DIRECTING RESPONDENT NO. 1 TO TAKE ALL
NECESSARY STEPS FOR CONDUCTING RELEVANT
FORENSIC TESTS AT THE STATE FORENSIC
LABORATORY, MADIVALA, BANGALORE, OF THE
TERMINATED FOETUS/PRODUCT OF CONCEPTION FOR
THE PURPOSE OF INVESTIGATION AND TRIAL OF FIR
BEARING CR. NO. 08/2026 REGISTERED BY
RESPONDENT NO. 1 (PRODUCED AS ANNEXURE-B;
ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION,
DIRECTING RESPONDENT NO. 3 TO DISBURSE A SUM
OF RS. 3,00,000/- (RUPEES THREE LACS) TO THE
PETITIONER AS COMPENSATION UNDER THE
KARNATAKA VICTIM COMPENSATION SCHEME, 2011.
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THIS PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
This petition is by a victim of sexual assault,
and she is in her second trimester of pregnancy. The
petitioner seeks directions to the second respondent
to constitute a Medical Board/Committee to examine
her and opine on whether she is fit to undergo a
procedure for medical termination of her pregnancy
while seeking directions for release of the amount
under the Karnataka Victim Compensation Scheme,
2011. Mr. Rohan Kothari, the learned counsel for the
petitioner, submits that the petitioner is just over 18
years [that she was a minor at the time of the assault],
and given the petitioner's station in life, she cannot
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provide for the child even if she successfully carries
the pregnancy.
Mr. Rohan Kothari, apart from the afore, the
learned counsel relies upon a string of decisions to
contend that a victim of sexual assault is entitled in
law in exercise of her right to reproductive autonomy,
privacy, and dignity to seek termination of pregnancy.
Ms. Saritha Kulkarni, a learned Additional
Government Advocate, who is called upon to accept
notice for the first respondent, submits that upon the
orders of this Court, the second respondent will
evaluate the petitioner's condition and recommend an
appropriate decision to protect the petitioner's rights
in terms of the prescribed procedure.
This Court in W.P.No.25408/2025 [GM-RES],
which is disposed of on 22.08.2025, has observed as
follows:
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"On the permissibility in law of medical
termination of pregnancy beyond twenty-four
weeks in case of minors when the Medical
Board opines in favour of termination, this
Court, without dilation, must refer to the recent
decision of the High Court of Gujarat in XYZ v.
State of Gujarat and another1. The High Court
of Gujarat, to underscore the right of a woman
[even a minor] to make a reproductive choice
and the importance of mental health of the
victim while deciding on the request by a minor
rape victim for medical termination when into
pregnancy beyond twenty-four weeks, has
referred to the decisions of the Apex Court in [i]
X v. Principal Secretary, Health and Family
Welfare Department, Government of NCT of
Delhi2, (2023) 9 SCC 433, and [ii] A Mother of X
v. The State of Maharashtra3."
In the light of the afore, the following:
ORDER
[a] The petition is allowed directing the
second respondent to forthwith
constitute a Medical Board to
1 2024 SCC OnLine Guj 4042
2 (2023) 9 SCC 433
3 In Civil Appeal No. 5194 of 2024
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examine the petitioner and make
necessary recommendations.
[b] In the event the Medical Board's
opinion is for termination of
pregnancy, the second respondent
with whom the petitioner is admitted,
shall take all measures for an early
decision.
[c] It is needless to observe that the fetus
shall be preserved for the purposes of
investigation as per the existing
protocols.
[d] The Karnataka State Legal Services
Authority, upon receipt of a copy of
this order, shall take measures, on
scrutiny of all matters, to release a
sum of Rs.3,00,000/- to the petitioner
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under the Karnataka Victim
Compensation Scheme, 2011.
SD/-
(B M SHYAM PRASAD)
JUDGE
RB
