[Cites 8, Cited by 0]
Madhya Pradesh High Court
In Reference (Suo Moto) vs The State Of Madhya Pradesh on 8 April, 2026
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2026:MPHC-IND:9448
1 WP-12874-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 8 th OF APRIL, 2026
WRIT PETITION No. 12874 of 2026
IN REFERENCE (SUO MOTO)
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Dr. Amit Bhatia - Government Advocate for the respondent/State.
ORDER
This petition has been registered on a reference having been made
by the VIth Additional Sessions Judge/ Special Judge Protection of Children
from Sexual Offices Act, 2012 District Ujjain in compliance with the
direction given by the Principal seat of this Court at Jabalpur by order dated
20.02.2025 passed in W.P No.5184 of 2025.
2. From the report submitted by the Court concerned, it is seen that the
same is in respect of grant of permission to the victim for termination of her
pregnancy. She is a victim of a crime registered by Crime No.71/2026 under
Section 5(j)(ii)/6 of the Protection of Children from Sexual Offence Act,
2012. During course of investigation, she was found to be pregnant and was
medically examined and the fetus was reported to be of 30 weeks 2 days. At
the time of her examinations she expressed her willingness for termination of
the pregnancy. Her parents also expressed their willingness. The victim was
examined by the Medical Board at M.T.H., M.G.M. Medical College Indore,
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on 07.04.2026 and the report has been submitted by the Board to the effect
that the termination of the pregnancy can be allowed. Along with the report
the statements of the parents of the victim have also been annexed.
3. Section 3 and 5(1) of the Medical Termination of Pregnancy Act,
1971 reads as under:-
"3. When Pregnancies may be terminated by registered
medical practitioners.- (1) Notwithstanding anything contained in
the Indian Penal Code (45 of 1860), a registered medical
practitioner shall not be guilty of any offence under that Code or
under any other law for the time being in force, if any pregnancy is
terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy
may be terminated by a registered medical practitioner-
(a) where the length of the pregnancy does not exceed
twelve weeks' if such medical practitioner is, or (b) where the
length of the pregnancy exceeds twelve weeks but does not exceed
twenty weeks, if not less than two registered medical practitioners
are of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to
the life of the pregnant woman or of grave injury physical or
mental health ; or
(ii) there is a substantial risk that if the child were born, it
would suffer from such physical or mental abnormalities as to be
seriously handicapped.
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Explanation 1.-Where any, pregnancy is alleged by the
pregnant woman to have been caused by rape, the anguish caused
by such pregnancy shall be presumed to constitute a grave injury
to the mental health of the pregnant woman.
Explanation 2 .-Where any pregnancy occurs as a result of
failure of any device or method used by any married woman or
her husband for the purpose of limiting the number of children,
the anguish caused by such unwanted pregnancy may be presumed
to constitute a grave injury to the mental health of the pregnant
woman.
(3) In determining whether the continuance of pregnancy
would involve such risk of injury to the health as is mentioned in
sub-section (2), account may be taken of the pregnant woman's
actual or reasonable foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the
age of eighteen years, or, who, having attained the age of eighteen
years, is a lunatic, shall be terminated except with the consent in
writing of her guardian.
(b) Save as otherwise provided in C1.(a), no pregnancy
shall be terminated except with the consent of the pregnant
woman. 5. Sections 3 and 4 when not to apply.- (1) The provisions
of Sec.4 and so much of the provisions of sub-section (2) of Sec. 3
as relate to the length of the pregnancy and the opinion of not less
than two registered medical practitioner, shall not apply to the
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termination of a pregnancy by the registered medical practitioner
in case where he is of opinion, formed in good faith, that the
termination of such pregnancy is immediately necessary to save
the life of the pregnant woman."
4. This Court keeping in view the statutory provisions as contained in
The Medical Termination of Pregnancy (MTP) Act, 1971 is of the opinion
that in the peculiar facts and circumstance of the case, the pregnancy can be
terminated and it is ordered accordingly.
5. The Head of Department (HOD) at M.T.H., Indore is directed to
carryout the termination of pregnancy after optimization of hemoglobin and
potassium. The petitioner 'X' shall appear before the H.O.D. at M.T.H.,
Indore on 09.04.2026 at 11.00 A.M. The Head of Department of
Gynecologist, Head of Department of Anesthesia and all other specialist will
remain present at the time of termination of pregnancy, as the petitioner 'X is
of tender age. Not only this, after termination of pregnancy is carried out, the
State of Madhya Pradesh shall ensure post operative care of the petitioner 'X'.
The entire expenditure in respect of termination of pregnancy shall be borne
by the State of M.P. through Collector, Indore and the DNA of fetus shall
also be preserved for DNA analysis.
6. With the aforesaid, the present writ petition stands allowed.
(PRANAY VERMA)
JUDGE
jyoti
