[Cites 2, Cited by 0]
Madhya Pradesh High Court
X vs The State Of Madhya Pradesh on 15 April, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:12048
1 WP-12891-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 15th OF APRIL, 2026
WRIT PETITION No. 12891 of 2026
X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dileep Sharma - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the State.
ORDER
By way of this writ petition under Article 226 the Constitution of
India, the petitioner is seeking following reliefs:-
"यािचकाकता ाथना करता है क यािचकाकता ारा तुत
यािचका वीकार क जाकर ितयािचकाकता मांक 1 लगायम 4
को िनदिशत कया जाया क वह अिभयो ीि का स म डा टरो
ारा बािलका का गभपात कराया जावे। ओर अ य सहायत जो
माननीय यायालय उिचत समझे यािचकाकता को दलायी जावे।"
2. It is the case of petitioner that the petitioner/victim is under the
lawful guardianship of her parents, who are permanent residents of District
Bhind, and are her natural and legal guardians. The victim/complainant's
aunt had approached the concerned police station and lodged a report to the
effect that on 11.01.2026, she had gone to Delhi with her husband for
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medical purposes, leaving behind her mother and the complainant/victim at
home. On 12.01.2026, while returning and upon reaching Shikohabad, she
received information that the complainant/victim had left the house at about
1:30 PM without informing anyone. Despite making efforts to trace her in
nearby areas and among relatives, her whereabouts could not be ascertained.
Thereafter, a missing person report was lodged at Police Station Kotwali,
District Bhind, which was registered as Case No.144 of 2026 under Section
69 of the Bharatiya Nyaya Sanhita. Subsequently, the police recovered the
complainant/victim and handed her over to her parents. The accused, namely,
Sheru Shakya, had taken away the minor victim and committed rape upon
her, as a result of which she became pregnant. The complainant/victim is
presently residing under the care and guardianship of her parents, who are
not in a position, financially or otherwise, to raise a child or provide
adequate care and support. The parents caused the medical examination of
the minor victim to be conducted, wherein it has been confirmed that she is
pregnant. Petitioner, being a young girl of 18 years and 05 months, is
presently carrying an unwanted pregnancy, which is the direct result of act of
sexual assault. The continuation of such pregnancy is causing her severe
physical pain, mental trauma, emotional distress, and social stigma, resulting
in irreparable psychological injury. It is submitted that continuation of the
pregnancy would gravely prejudice her mental health, dignity, bodily
autonomy, and future prospects, and would amount to further victimization
of the prosecutrix. The pregnancy has been caused without the free will and
consent of petitioner/victim, and therefore, she seeks termination of the said
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unwanted pregnancy by way of the present petition.
3. As per the directions issued by this Court on 09.04.2026, a report
concerning the feasibility and advisability of medical termination of
pregnancy of the victim was sought from the Medical Board constituted at
Kamlaraja Hospital and G.R. Medical College, Gwalior. In compliance with
the said directions, the report dated 10.04.2026 has been submitted before
this Court. The contents of the said report, as furnished by the Medical
Board, are reproduced hereinbelow:-
"कायालय सूित एवं ी रोग वभाग कमलाराजा अ पताल
एवं गजराराजा िच क सा महा व ालय वािलयर
बैठक दनांक 10.04.2026 का कायवाह ववरण
माननीय म. उ च यायालय ख डपीठ वािलयर ारा
करण ड यू.पी. क. 12891/2026. दनांक 09.04.2026 म जार
आदे श के प रपालन म पी ड़ता पु ी वशंभर व म य दे श
शासन आ द। पी डता व म य दे श शासन के गभपात कराने
हे तु दनांक 10.04.2026 को दोपहर 12:34 बजे कमलाराजा
अ पताल म भत हुई है । जसके एम.ट .पी. टिमनेशन के अिभमत
दे ने के संबंध म दनांक 10.04.2026 को दोपहर 1:00 बजे मे डकल
बोड क बैठक का आयोजन कया गया है । बैठक म सभी सद य
उप थत हुये। मे डकल बोड के सद य डॉ. पुनीत र तोगी,
ा यापक एवं वभागा य , का डयोलॉजी वभाग, डॉ. यशोधरा
गौर, ा यापक एवं भार वभागा य , सूित एवं ी रोग
वभाग, डॉ अजय गौड़, ा यापक एवं वभागा य , बाल एवं िशशु
रोग वभाग, डॉ. इ कुमार बाथम, ा यापक एवं ितिनिध
NEUTRAL CITATION NO. 2026:MPHC-GWL:12048
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वभागा य , रे डयोलॉजी वभाग, डॉ. एम.एम मुदगल ा यापक
एवं वभागा य , सजर वभाग, डॉ. सुधा अयंगर, ा यापक एवं
वभागा य , पैथोलॉजी वभाग, डॉ. संजय धवले, ा यापक एवं
वभागा य मे डिसन वभाग उप थत रहे । उप थत सभी
सद य ारा पी ड़ता पु ी वशंभर व म य दे श शासन मर ज
के आधार काड के 3944xxxxxxxx के अनुसार उ 18 वष 10
ह ते 3 दवस का गभ पाया गया है . सी. आर. कमांक
260800131761 भत दनांक 10.04.2026 को पर ण कर उसक
जांचो को भेजा गया। पर ण कर उसक जांचो का अवलोकन
कया गया. सभी जांचो के सामा य पाये जाने पर ह उिचत सु वधा
के साथ गभपात कया जा सकता है । "
4. This Court is presently seized of a matter concerning a young girl
aged about 18 years and 10 months, who is carrying a pregnancy resulting
from an act of rape. The victim has unequivocally expressed her
unwillingness to continue with the pregnancy and to give birth to a child
conceived through such traumatic circumstances. It is to be noted that
compelling the victim to carry the pregnancy to term would not only
perpetuate her mental and emotional distress but would also subject both the
victim and the child to severe social stigma and ostracization. The
prospective child, if born, may also be exposed to lifelong psychological and
societal challenges owing to the circumstances of birth. In such a situation,
the rights, dignity, and mental well-being of the victim must be accorded
paramount consideration.
5. The Supreme Court in the case of Murugan Nayakkar Vs. Union of
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India & Ors. in Writ Petition (Civil) No.749/2017 by order dated 6/9/2017
has held as under:-
"The petitioner who is a 13 years old girl and a victim
of alleged rape and sexual abuse, has preferred this writ
petition for termination of her pregnancy. When the matter
was listed on2 8.8.2017, this Court has directed constitution
of a Medical Board at Sir J.J. Group of Hospitals, Mumbai.
Be it noted, this Court had also mentioned the composition of
the team of doctors. The petitioner has appeared before the
Medical Board on 1.9.2017 and the Medical Board that has
been constituted by the order of this Court expressed the
opinion that the termination of pregnancy should be carried
out. That apart, it has also been opined that termination of
pregnancy at this stage or delivery at term will have equal
risks to the mother. The Board has also expressed the view
that the baby born will be preterm and will have its own
complications and would require Neonatal Intensive Care
Unit (N.I.C.U.) admission.
We have heard Ms. Sneha Mukherjee, learned counsel
appearing for the petitioner, Mr. Ranjit Kumar, learned
Solicitor General appearing for the Union of India and Mr.
Nishant R. Katneshwarkar, learned standing counsel for the
State of Maharashtra.
Considering the age of the petitioner, the trauma she
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has suffered because of the sexual abuse and the agony she is
going through at present and above all the report of the
Medical Board constituted by this Court, we think it
appropriate that termination of pregnancy should be allowed.
In view of the aforesaid premise, we direct the petitioner to
remain present at the Sir J.J. Group of Hospitals, Mumbai in
the evening of 7.9.2017 so that the termination of pregnancy
can be carried out preferably on 8.9.2017. Mr. Nishant R.
Katneshwarkar shall apprise the Dean of Sir J.J. Group of
Hospitals, Mumbai so that he/she can make necessary
arrangements for termination of the pregnancy. A copy of the
order passed today be handed over to learned counsel for the
petitioner and Mr. Nishant R. Katneshwarkar, learned
standing counsel for the State of Maharashtra. The writ
petition is accordingly disposed of. There shall be no order as
to costs."
6. In light of the aforesaid judgment, and having due regard to the age
of the minor girl, the trauma she has endured, and the mental and emotional
agony she is presently undergoing, coupled with the medical opinion
rendered by the duly constituted Medical Board, this Court is of the
considered view that the relief sought by petitioner/victim merits acceptance.
Accordingly, the prayer stands allowed.
7 This Court is of the considered opinion that it cannot remain a silent
spectator to the trauma being endured by the victim. The Court is, therefore,
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duty-bound to intervene and take an appropriate decision in the interest of
justice. Accordingly, it is directed that the Dean of G.R. Medical College,
Gwalior shall constitute an interdisciplinary team of senior and experienced
doctors. The said medical team shall undertake the necessary procedure for
termination of pregnancy on 17th April, 2026 at 10:00 AM . The girl
(prosecutrix), along with her parents, shall appear before the medical team
and complete all requisite consent formalities prior to the procedure. It is
further directed that a senior doctor from the Department of Medicine and a
senior doctor from the Department of Cardiology shall examine and assess
the health condition of the minor prior to the termination procedure, to
ensure that all necessary precautions are taken. The Dean is requested to
ensure that the team so constituted comprises competent and experienced
professionals, keeping in mind the humanitarian considerations involved in
the matter. Further, in terms of the law laid down by the Division Bench of
the Bombay High Court in Shaikh Ayesha Khatoon Vs. Union of India,
reported in 2018 SCC OnLine Bom 11 , it is directed that the
petitioner/victim shall be duly sensitized by the Medical Board/Committee
regarding the risks and implications associated with the procedure. It shall be
open to the victim, upon such counseling, to undergo the medical
termination of pregnancy at her own informed risk and consequences. It is
also clarified that the doctors who have rendered their medical opinions in
the present matter, and those who will be involved in carrying out the
procedure, shall be entitled to immunity from any legal proceedings arising
out of or in connection with the said medical termination.
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8. It is further clarified that the identity of the victim shall be kept
strictly confidential and shall not be disclosed to any person, in order to
safeguard her future. It is also directed that no legal claim shall be
maintainable against the team of doctors by the girl or her parents, as they
have been duly informed of the potential risks and complications involved,
and have consented to the procedure with full understanding. Accordingly,
the medical team shall not be held liable for any legal consequences arising
out of the said procedure. It is further directed that the concerned department
of G.R. Medical College, Gwalior, or its affiliated institutions, shall
undertake DNA sampling of the foetus and preserve the report thereof, to be
produced before the competent Court where the related criminal proceedings
are pending.
9. With the aforesaid directions, the writ petition stands allowed and
disposed of.
10. Let a copy of this order be furnished to the learned Government
Advocate free of cost for immediate transmission to the Dean, G.R. Medical
College, Gwalior.
11. E-copy/Certified copy be issued as per rules and directions.
(MILIND RAMESH PHADKE)
JUDGE
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