Shakkammal Devi vs The Dean
2026 Latest Caselaw 1169 Mad

Citation : 2026 Latest Caselaw 1169 Mad
Judgement Date : 12 March, 2026

[Cites 2, Cited by 0]

Madras High Court

Shakkammal Devi vs The Dean on 12 March, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                             W.P.(MD)No.6994 of 2026

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                        DATED : 12.03.2026

                                                                 CORAM:

                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                    W.P.(MD)No.6994 of 2026

                 Shakkammal Devi                                                                 ... Petitioner
                                                                      -vs-

                 1.The Dean,
                   Government Medical College Hospital,
                   Ramanathapuram.

                 2.The Chairman,
                   Child Welfare Committee,
                   Office at Collectorate,
                  Ramanathapuram.

                 3.The Secretary,
                   District Legal Service Authority,
                   Ramanathapuram.                                                               ... Respondents

                 PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
                 issue a Writ of Mandamus, directing the first respondent to take appropriate steps
                 to terminate the pregnancy of the petitioner's minor daughter X X X, daughter of
                 Palpandi, aged about 12 years, on the basis of the petitioner's representation dated
                 10.03.2026.


                                  For Petitioner           : Mr.B.Sekar

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                                                                                          W.P.(MD)No.6994 of 2026


                                  For Respondents       : Mr.P.Thambidurai
                                                          Government Advocate

                                                                  ORDER

This writ petition has been filed seeking a Writ of Mandamus directing the

first respondent to take appropriate steps to terminate the pregnancy of the

petitioner’s minor daughter on the basis of the petitioner’s representation dated

10.03.2026.

2. I have heard the learned counsel for the petitioner and the learned

Government Advocate appearing on behalf of the respondents.

3. It is seen that the petitioner’s minor daughter has only completed 12

years of age. While so, the accused, who was staying with their family, committed

aggravated sexual assault on the minor child. Only on 09.03.2026, when the child

complained of stomach pain, she was taken to the hospital and the entire episode

came to light. A complaint has been lodged in Crime No.3 of 2026 on the file of

the All Women Police Station, Mudukulathur, Ramanathapuram, and a case has

been registered against the accused under Sections 5(m), 5(n), 5(i), 5(j)(ii) and 6

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of the Protection of Children from Sexual Offences Act, 2012, and the matter is

under investigation.

4. Under such circumstances, the child is now said to be admitted in the

Government Medical College Hospital, Ramanathapuram, and the present writ

petition has been filed seeking medical termination of the pregnancy of the child.

5. When the matter came up for arguments, the learned Government

Advocate, taking notice on behalf of the respondents, submitted that in view of

the number of weeks of pregnancy, the child is presently in the 27th week, the

Committee has to examine the child and, depending upon the opinion of the

Committee, the medical termination of pregnancy will be performed in

accordance with their medical advice.

6. Considering the fact that the child is only 12 years old, it is expedient to

medically terminate the pregnancy, provided that the Committee opines that the

child will be in a position to undergo the procedure as per the applicable medical

norms. The same shall be done immediately. It is also made clear that when the

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decision is taken and the procedure is performed, a DNA sample from the fetus

shall also be preserved as per the prescribed procedure.

7. Accordingly, the writ petition is disposed of with the following

directions:

The Committee, under the chairmanship of the first respondent, shall

immediately examine the minor child and take a decision, and complete the

medical termination of pregnancy as per their decision at the earliest. The

authorities need not wait for the certified copy of this order and may proceed

further on the basis of the web copy of this order. It is made clear that the DNA

sample shall also be preserved as observed above.