[Cites 9, Cited by 0]
Karnataka High Court
Ms X vs State Of Karnataka on 10 March, 2026
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WP No. 7773 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 7773 OF 2026 (GM-RES)
BETWEEN:
1. MS X
REPRESENTED BY HER MOTHER
SMT. NEELAMMA
AGED MAJOR
W/O NAGAPPA
R/AT AJJAVARA, CHIKKABALLAPUR
KARNATAKA-562 101.
...PETITIONER
(BY SMT. VARSHITHA .K, ADVOCATE FOR
SRI. DEEPAK BHASKAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR
Digitally signed by
NAGARAJA B M HIGH COURT OF KARNATAKA
Location: HIGH
COURT OF BENGALURU-560001
KARNATAKA
THROUGH CHIKKABALLAPUR
WOMEN POLICE STATION
HAVING ADDRESS AT
MG ROAD, CHIKKABALALPUR
KARNATAKA-562 101.
2. DISTRICT HOSPITAL
CHIKKABALLAPUR
HAVING ITS ADDRESS AT
APMC ROAD, NH 206
CHIKKABALLAPUR
KARNATAKA-562 101.
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WP No. 7773 of 2026
HC-KAR
REP.BY DR. M. MANJULA
PH. 9845382470
08156272388
EMAIL: [email protected]
3. CHIKKABALLAPUR INSTITUTE OF
MEDICAL SCIENCES AND TEACHING HOSPITAL
HAVING ITS ADDRESS AT
DISTRICT HOSPITAL CAMPUS
MARALUSIDDESWARA TEMPLE
AROOR
KARNATAKA-562 104.
4. DISTRICT CHILD PROTECTION UNIT
WELFARE DEPARTMENT COMPLEX
BEHIND KIDWAI HOSPITAL
DR. M.H. MARIGOWDA ROAD
HOSUR ROAD, BENGALURU-560 002.
5. CHILD WELFARE COMMITTEE
BEHIND KIDWAI HOSPITAL
DR M H MARIGOWDA ROAD
HOSUR ROAD
BENGALURU-560 029.
6. KARNATAKA STATE LEGAL SERVICES AUTHORITY
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R6;
SMT. SUMANA BALIGA, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION TO
THE R2 TO IMMEDIATELY ADMIT THE PETITIONER AT R2
HOSPITAL AND TAKE NECESSARY STEPS TO MEDICALLY
TERMINATE HER PREGNANCY FORTHWITH AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 7773 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The present writ petition is filed under Articles
226 and 227 of the Constitution of India seeking
permission for medical termination of pregnancy of
the victim, who is a minor and whose pregnancy is
alleged to be the consequence of sexual assault
attracting the provisions of the Protection of Children
from Sexual Offences Act, 2012 (POCSO Act).
2. Considering the urgency involved and the
sensitive nature of the matter, this Court by order
dated 06.03.2026 directed respondent No.3-Hospital
to constitute a Medical Board comprising specialists in
Obstetrics and Gynaecology, Paediatrics and other
relevant disciplines to examine the victim and submit
a report regarding:
(i) the gestational age of the foetus;
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(ii) whether termination of pregnancy could be
safely undertaken; and
(iii) the risks, if any, to the life and health of the
victim.
3. Pursuant to the directions issued by this
Court, the Medical Board examined the victim and
submitted its report dated 07.03.2026. The Medical
Board has opined that the pregnancy has reached
approximately 28 weeks of gestation, which is well
beyond the stage of foetal viability. The Board has
further opined that induction for termination at this
stage would pose serious risk to the life of the mother
and the baby, and therefore termination is not
medically advisable.
4. The law relating to termination of pregnancy
in India is governed by the Medical Termination of
Pregnancy Act, 1971, as amended by the Medical
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Termination of Pregnancy (Amendment) Act, 2021 (for
short "the Act").
5. Under Section 3 of the Act, pregnancy may
ordinarily be terminated up to 20 weeks on the
opinion of one registered medical practitioner and up
to 24 weeks on the opinion of two registered medical
practitioners for certain categories of women, which
include survivors of sexual assault and minors.
6. Section 5 of the Act provides an exception
permitting termination beyond the prescribed limit
only when such termination is immediately necessary
to save the life of the pregnant woman.
7. In cases where pregnancy has crossed the
statutory limit, constitutional Courts exercising
jurisdiction under Article 226 or Article 32 of the
Constitution of India, have entertained petitions
seeking termination, primarily based on medical
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opinion regarding risk to the life or health of the
pregnant woman or severe foetal abnormalities.
8. In X v. Union of India (2024) 12 SCC
453, the Hon'ble Supreme Court held that Courts may
permit termination beyond the statutory limit where
continuation of pregnancy would endanger the life of
the woman and the medical report does not disclose
any substantial foetal abnormalities.
9. In X v. State (NCT of Delhi) 2025 SCC
OnLine Del 2506, the Division bench of Delhi High
court overturned a single judge's order allowing a 16-
year-old survivor of sexual assault to terminate her
26-week pregnancy, and directed her to continue the
same till 34 weeks.
10. However, the consistent thread running
through the aforesaid decisions is that Courts have
relied upon the opinion of competent Medical Boards
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while deciding whether termination can be safely
undertaken. Where the Medical Board has opined that
termination would pose serious risk to the life of the
pregnant woman, Courts have refrained from
permitting such termination.
11. In the present case, the pregnancy has
advanced to 28 weeks, which is well beyond the stage
of foetal viability. At this stage, the foetus is capable
of survival outside the womb with appropriate
neonatal care.
12. The Medical Board constituted pursuant to
the directions of this Court has categorically opined
that induction for termination at this stage would be
dangerous to the life of the mother as well as the
baby. The same is extracted which reads as under:
"Opinion: As baby has crossed the period of viability,
induction for termination at this period of gestation is
endangerous to the life of mother and baby and hence
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referring to honour'ble court to take necessary decision for
the same."
13. In the present case, this Court has carefully
examined the report and opinion furnished by the duly
constituted Medical Board. The Board, after conducting
a detailed medical examination of the victim and
assessing the stage of pregnancy, has unequivocally
opined that termination of pregnancy at the present
stage would pose serious medical risks and would be
medically unsafe. The expert opinion indicates that the
procedure may endanger the life and health of the
minor and therefore cannot be safely undertaken.
When such a clear and categorical medical opinion is
placed on record, this Court, while exercising
jurisdiction under Article 226 of the Constitution of
India, cannot disregard the expert medical
assessment. In the absence of any material indicating
that termination can be safely performed, this Court
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finds no justification to issue a direction for medical
termination of pregnancy.
14. Though this Court is deeply conscious of the
traumatic circumstances in which the victim has
conceived, particularly in view of the alleged sexual
assault attracting the provisions of the POCSO Act, the
paramount consideration must be the safety and
survival of the victim.
15. In view of the advanced gestational age of
28 weeks, the pregnancy has crossed the stage where
termination could be medically treated as an abortion
procedure. At this stage, medical intervention would
essentially amount to preterm delivery, which, as per
the Medical Board, carries serious risk to both the
mother and the baby.
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16. Therefore, this Court finds no justification to
issue directions permitting termination of pregnancy
contrary to the medical opinion placed on record.
17. Having regard to the peculiar facts of the
case and the status of the victim as a minor survivor
of sexual assault, the following directions are issued:
(i) The respondent-Hospital shall ensure
that the victim receives continuous medical
supervision and appropriate antenatal care until
delivery.
(ii) The respondent-hospital shall take all
necessary precautions to ensure safe delivery
and neonatal care.
(iii) The Child Welfare Committee and
District Child Protection Unit shall extend
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counselling, psychological assistance and
rehabilitation support to the victim.
(iv) The State shall ensure that the victim
is extended the benefit of compensation under
the Victim Compensation Scheme and other
welfare measures available under law.
(v) If the victim or her guardians express
inability or unwillingness to raise the child after
birth, the Child Welfare Committee shall take
appropriate steps in accordance with law for care
and adoption of the child.
(vi) The respondent-hospital shall preserve
relevant medical evidence, if required, for the
purposes of the criminal proceedings.
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(vii) Learned AGA is directed to forthwith
communicate this order orally to the concerned
respondents.
The writ petition stands disposed of
accordingly.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
ALB
List No.: 2 Sl No.: 129
