Madhya Pradesh High Court
Prosecutrix X vs The State Of Madhya Pradesh on 17 September, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 17th OF SEPTEMBER, 2025
WRIT PETITION No. 37494 of 2025
PROSECUTRIX X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri A.S. Baghel - Govt. Advocate for State.
ORDER
In pursuance to the letter addressed to the Registrar General dated
15.09.2025 as per directions issued by the Division Bench of this Court in
the case of In reference (suo moto) vs State of M.P. : Writ Petition No. 5184
of 2025 decided on 20.02.2025, cognizance was taken and the letter was
treated as suo moto petition. Accordingly, this writ petition came up for
consideration before this Court.
2. From the perusal of the medical report dated 15.09.2025, the
prosecutrix has been carrying pregnancy of 27 weeks and 4 days and it was
opined that looking to her age, continuation of pregnancy is harmful to her
health. Today when the matter is taken up for hearing, State counsel has
brought to the notice of this Court a report of Medical Board, counselling
report as well as statement of victim's mother recorded on 17.09.2025 at 3
p.m. The same are placed on record.
3. The matter was examined by a team of Doctors and they have opined
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for termination of pregnancy after taking consent of the victim and her
parents. In pursuance to the instructions given by this Court, the counselling
was held wherein the victim and her parents were explained the risk of
termination of pregnancy as the age of foetus is beyond 24 weeks and their
statements were also recorded wherein they have categorically stated that
they understand the risk of termination of pregnancy but still they are willing
to get the pregnancy terminated. They have also submitted that if the child is
born alive, they do not want to retain the child and will hand over to the State
authorities.
4. The report of Medical Board dated 17.09.2025 is reproduced for a
ready reference :
माननीय उ च यायालय म वचाराधीन करण . ड यू.पी./37494/2025 म
दनांक 17. 09.2025 को सुनवाई के प ात ् माननीय यायालय ारा पी ड़ता एवं
उसके प रजन क काउं सिलग एवं सहमित के संबंध म दये गये िनदश के
प रपालन म पी ड़ता xxxx xxxx xx xx उ 14 वष 5 माह (आधार काड के
अनुसार), को म हला आर क 721, xxxxx जला सतना ारा उसके माता पता के
साथ आज दनांक 17.09.2025 को दोपहर 3.30 बजे मे डकल ट म के सम
उप थत कराया गया, जसम पी डता क जांच एवं उसके माता पता के साथ
उनक कांउसिलंग क गई। गभाव था का िनर तर जार रहना पाया गया।
काउसंिलग के दौरान उ ह गभाव था को सामा य सव होने तक जार रखने से
पी ड़ता को होने वाली शार रक, मानिसक तथा सामा जक परे शािनय एवं खतर के
संबंध म समझाया गया। साथ ह िच क सक य गभपात के समय होने वाले खतर
या लड ांस यूजन एवं ऑपरे शन आ द क आव यकता पड़ने के संबंध म भी
समझाया गया।
काउसिलंग के प ात ् पी ड़ता एवं उसके प रजन ारा िच क सक य गभपात कराने
क इ छा य क गई, जसके िलये वे अपनी िल खत एवं सूिचत सहमित
(Informed Consent) दे ने के िलये तैयार है । माता पता ने यह भी कहा क य द
िच क सक य गभपात के प ात ् जी वत नवजात पैदा होता है तो वे उसे वीकार
नह ं करे ग एवं शासन को स प दे ग।
अतः उ रपोट माननीय यायालय के सम पेश कये जाने हे तु सादर े षत है ।
5. The statement of victim's mother recorded on 17.09.2025 reads as
under :
म xxxx xxxxx xxxxxxxx तहसील नागौद जला सतना म० के ारा बाल
क याण सिमित के सम कथन कया गया क पु ी xxxxx xxx के गभपात के
संबंध म हम जानकार द गई है क बािलका लगभग 07 माह क गभवती है साथ ह
बािलका के वा य संबंधी खतर क जानकार द गई है । सभी त य को जानने के
बाद भी म xxxxxx, बािलका xxxxx के गभपात कराने हे तु सहमित दान करते ह।
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यो क बािलका नाबािलक है । य द गभपात नह ं होता है तो इस थित म नवजात
िशशु को अपने संर ण म नह ं लेना चाहते ह। कथन सुना एवं समझा गया।
6. The report of the Child Welfare Committee dated 17.09.2025 is
reproduced thus :
... आपके दनांक 17.09.2025 के अनुसार बाल क याण सिमित सतना के ारा
बािलका के माता एवं पता के कथन कराये गये। जसम माता एवं पता ने बािलका
के गभपात क सहमित द है य क बािलका नाबािलग है . य द गभपात नह ं होता
तो इस थित म नवजात िशशु को अपने संर ण म नह ं लेना चाहते ह। कथन
सुना एवं समझा गया।
...
7. The Hon'ble Supreme Court in a series of judgments had an occasion
to consider the aspect of termination of pregnancies exceeding 24 weeks and
in the case of X vs Principal Secretary, Health and Family Welfare
Department reported in AIR 2022 SC 4917, the Hon'ble Supreme Court has
considered the aforesaid aspect of the matter including the choice of the
woman to get the pregnancy terminated and other socio-economic factors
including the physical health condition of the woman has permitted for
terminating the pregnancy. The aforesaid judgment was again followed by
the Hon'ble Supreme Court in the case of XYZ vs State of Gujarat and
others, reported in 2023 SCC OnLine SC 1573, wherein the Hon'ble
Supreme Court taking note of several aspects of the matter has permitted for
termination of pregnancy. It has been held as under :
17. More recently, in the case of X v. The Principal Secretary, Health
and Family Welfare Department, Government of NCT of Delhi, AIR
2022 SC 4917; this Court, in another three-judge Bench lead by Dr.
D.Y. Chandrachud, J. (as the learned Chief Justice then was) observed
that a woman can become pregnant by choice irrespective of her
marital status. In case the pregnancy is warranted, it is equally shared
by both the partners. However, in case of an unwanted or incidental
pregnancy, the burden invariably falls on the pregnant woman
affecting her mental and physical health. Article 21 of the Constitution
recognizes and protects the right of a woman to undergo termination of
pregnancy if her mental or physical health is at stake. Importantly, it is
the woman alone who has the right over her body and is the ultimate
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decision-maker on the question of whether she wants to undergo an
abortion.
18. In the context of abortion, the right of dignity entails recognising
the competence and authority of every woman to take reproductive
decisions, including the decision to terminate the pregnancy. Although
human dignity inheres in every individual, it is susceptible to violation
by external conditions and treatment imposed by the State. The right of
every woman to make reproductive choices without undue interference
from the state is central to the idea of human dignity. Deprivation of
access to reproductive healthcare or emotional and physical well-being
also injures the dignity of women.
19. The whole object of preferring a Writ Petition under Article 226 of
the Constitution of India is to engage with the extraordinary
discretionary jurisdiction of the High Court in exercise of its
constitutional power. Such a power is vested with the constitutional
courts and discretion has to be exercised judiciously and having regard
to the facts of the case and by taking into consideration the relevant
facts while leaving out irrelevant considerations and not vice versa.
20. In view of the above discussion and on perusal of the latest medical
report we permit the appellant to terminate her pregnancy. We direct
the appellant to remain present before the KMCRI Hospital, Bharuch,
Gujarat during the course of the day, today (21.08.2023) or 09 : 00
A.M. tomorrow (22.08.2023) as she deems fit so that the termination of
pregnancy could be carried out preferably during the course of the day
today (21.08.2023) or tomorrow i.e. 22.08.2023.
21. Subsequently to the medical procedure to be carried out either
today or tomorrow, in the event, the foetus is found to be alive, the
hospital shall give all necessary medical assistance including
incubation either in that hospital or any other hospital where incubation
facility is available in order to ensure that the foetus survives. Further,
in case the foetus survives, then State shall take steps for ensuring that
the child could be adopted in accordance with law.
22. At this stage, learned Senior Counsel for the appellant sought a
direction to the concerned doctors to preserve evidence for subsequent
DNA Test Report by drawing tissues from the foetus in order to use it
as a piece of evidence in the ensuing trial to be prosecuted by the
appellant herein. We direct the concerned medical experts to have
regard to the feasibility of such a procedure being done, in the event of
the foetus being alive or in the event the foetus not being alive or is still
born and accordingly take steps as sought for by the appellant herein.
23. It is needless to observe that in the event tissues are drawn for the
purpose of DNA test the same shall be handed over to the investigating
agency by the concerned hospital.
24. A copy of this order passed today be handed over to learned Senior
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Counsel for the appellant and learned Standing Counsel for the State of
Gujarat.
25. The appeal is allowed in the aforesaid terms.
26. Pending application(s), if any, shall stand disposed of.
8. In the present case, the prosecutrix is a rape victim aged about 14 years
and 5 months as per aadhaar card and she is carrying pregnancy of more than
24 weeks. A criminal case being Crime No. 173 of 2025 for the offence
under Section 64(2)(m), 232(d), 351(3), 3(5) of BNS and 5(l) & 6 of the
POCSO Act was registered against the accused at Police Station Jaso District
Satna (M.P.). Admittedly, the prosecutrix was minor at the relevant time. The
parents of the victim consented for termination of pregnancy; however, they
have categorically stated that if foetus is found to be alive during the process
of termination of pregnancy, they will hand over the custody to the State
authorities. The Medical Board during counselling has explained the risk
involved in said procedure to the victim and her parents.
9. Under these circumstances and considering the judgments passed by
the Hon'ble Supreme Court in the aforesaid cases, this Court deems it
appropriate to permit the termination of pregnancy of the prosecutrix subject
to the following conditions:
(i) The procedure of termination of pregnancy will be carried out in the
presence of the expert team of doctors. The expert doctors will explain to the
family members as well as the victim the risk of getting the termination of
pregnancy and other factors.
(ii) Every care and caution will be taken by the doctors while terminating the
pregnancy. All medical attention and other medical facilities including that
of a presence of a Pediatrician as well as a Radiologist and other required
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Doctors will be made available to her.
(iii) The post operative care up to the extent required, will be extended to the
victim. The victim and her parents have categorically stated that they will not
keep the child, if born alive, and they will hand over the child to the State
authorities, but for a period of 15 days, the child, if born alive, will stay with
the victim for the purpose of breast-feeding. Thereafter, it will be the duty of
the State authorities to take care of the child, if born alive. If the victim so
desires, she will be at liberty to keep the child with her.
(iv) The doctors will also ensure that a sample from the foetus is protected
for DNA examination and as and when required will be handed over to the
prosecution for using in the criminal case itself.
(v ) The State authorities/CWC will be at liberty to give the child, if born
alive, on adoption to any willing family in accordance with law. The State
authorities are directed to ensure the privacy of the victim and any
information including family details should not be published in any form of
media which could lead to the identification of the victim. The said
directions are being issued looking to the welfare of the child so that his/her
upbringing can be taken care of.
10. In above terms, the petition stands disposed of finally.
(VISHAL MISHRA)
JUDGE
VV
