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Madhya Pradesh High Court
Victim X Through Natural Guardian ... vs The State Of Madhya Pradesh on 23 March, 2026
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2026:MPHC-IND:7772
1 WP-10257-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 23rd OF MARCH, 2026
WRIT PETITION No. 10257 of 2026
VICTIM X THROUGH NATURAL GUARDIAN FATHER
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pranay Joshi - Advocate for the petitioner.
Shri Kushal Goyal - Deputy Advocate General for the
respondent/State.
ORDER
The petitioner 'X' who is a minor and victim of rape through legal
guardian (father) has filed the present petition for termination of pregnancy
keeping in view the Medical Termination of Pregnancy Act 1971.
2. A report was called from the Medical Board and the Medical Board
has opined that pregnancy can be terminated though the fetus is of 25 weeks
and 5 days pregnancy with missed abortion, with the permission of the
Court, after optimisation of hemoglobing and potassium.
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.
NEUTRAL CITATION NO. 2026:MPHC-IND:7772
2 WP-10257-2026
(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.
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 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
NEUTRAL CITATION NO. 2026:MPHC-IND:7772
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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, after optimisation of hemoglobing and potassium and it is
ordered accordingly.
5. The Head of Department at M.T.H. Indore is directed to carryout
the termination of pregnancy. The petitioner 'X' shall appear before the HOD
at M.T.H. Indore, on 24.03.2026 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, after complying with
directions as above, 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.
Certified copy today.
(PRANAY VERMA)
JUDGE
jyoti
