[Cites 5, Cited by 0]
Madhya Pradesh High Court
Through Mother Of Petitioner Suman Bai vs The State Of Madhya Pradesh on 16 February, 2026
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2026:MPHC-IND:4711
1 WP-5620-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 16th OF FEBRUARY, 2026
WRIT PETITION No. 5620 of 2026
THROUGH MOTHER OF PETITIONER SUMAN BAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Aparna, learned counsel for the petitioner.
ORDER
The petitioner X has filed the present petition through legal
guardian (Mother) for termination of her pregnancy.
2. As per the petitioner, she is a young girl of 21 years of age. She was
engaged with a person but before their marriage could be solemnized he
committed suicide. Before that she had cohabitated with her fiance. Now
after his death situation is that the petitioner being not highly educated and
not financially well placed and her mother being Class-IV contractual
employee in Municipal Corporation she has no financial capability to raise
the child. She is unmarried hence the pregnancy will cause grave loss not
only to the petitioner but even to the child if permitted to be born. Her mental
condition is totally unstable and she is not able to take care of herself. Thus
in view of the same, she will not be able to take care of the child.
3. This Court by order dated 11.02.2026 and subsequently by order
dated 13.02.2026 had directed the Medical Board for furnishing opinion as to
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whether the pregnancy of the petitioner can be terminated. In pursuance
thereof, a report dated 14.02.2026 has been received from the Head of
Department, Department of Obstetrics and Gynecology M.T.H. Hospital,
MGMMC - Indore, wherein it has been categorically stated that the petitioner
X is medically fit for the procedure of termination of pregnancy as advised
by the Medical Board. Along with the report, the documents of the Medical
Board have also been annexed from which it is observed that the petitioner
was medically examined and it has been observed that there is no medical
contraindication for planned termination of pregnancy. From medical side
she is fit for termination of pregnancy.
4. 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
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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.
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
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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 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."
5. 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
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terminated and it is ordered accordingly.
6. The HOD, M.T.H. Hospital, Indore is directed to carryout the
termination of pregnancy. The petitioner 'X' shall appear before the HOD,
M.T.H. Hospital, Indore on 17.02.2026 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.
7. With the aforesaid, the present writ petition stands allowed.
(PRANAY VERMA)
JUDGE
jyoti
