The Supreme Court in XYZ v. State of Gujarat

2. The petitioner, a minor, is a victim of sexual assault and rape. A First Information Report dated 08.06.2025 under Section 137(2) Bharatiya Nyaya Sanhita relating to kidnapping of the petitioner was lodged by the mother of the petitioner. The petitioner, upon recovery, was medically examined and there is a report of Radiologist, M.L.N., Divisional Hospital, Prayagraj dated 13.05.2025 on record, according to which, the radiological age of the petitioner was 16 years i.e., below 18 years and she was referred to CMO, Kaushambi for final age opinion. The report also mentions that the petitioner was carrying a live fetus of gestational age of about 25 weeks 3 days. The school leaving certificate of the petitioner dated 01.07.2025 mentions her date of birth as 15.10.2010. The petition is supported by affidavit of the mother of the petitioner.

3. The relief sought is for permission from the court to permit the petitioner to terminate the pregnancy and for the said purpose, constitute a team of medical officers to carry out the same.

4. The present petition, it seems, was presented in the registry on 04.07.2025. As on date, according to the medico-legal report dated 13.06.2025, the pregnancy would be of around 29 weeks. We are conscious of the statutory time-lines prescribed under sub-section (2) of Section 3 of the Act.

5. The Supreme Court in XYZ vs. State of Gujarat, (2023) SCC OnLine SC 1573 held that the Medical Board or the High Court cannot refuse abortion merely on the ground that the gestational age of the pregnancy is above the statutory prescription.

6. A Three Judge Bench of the Supreme Court in (2024) 6 SCC 327, A (Mother of X vs. State of Maharashtra and another; Civil Appeal No.5194 of 2024) highlights the need for giving primacy to the fundamental rights to reproductive autonomy, dignity and privacy of the pregnant person by the Medical Board and the courts. The role of the medical board is to form opinion as to whether continuance of the pregnancy involves a risk to the life of the pregnant or of grave injury to her physical or mental health; or there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

7. Explanation 2 clarifies that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

8. Having regard to the facts of the case, we are of the opinion that the petitioner (victim) is required to be examined by the Medical Board envisaged under Section 3 (2-D) of the Act.

9. Shri Rajiv Gupta, learned Additional Chief Standing Counsel, after enquiring from CMO, Prayagraj states that Medical Board for the district has not been constituted by the State Government.

10. Consequently, we direct the Chief Medical Officer, Prayagraj to constitute a Medical Board for the present case consisting of the following: (a) A Gynecologist. (b) A Paediatrician. (c) A Radiologist or Sonologist. (d) A Psychiatrist.

11. The Principal Magistrate, Juvenile Justice Board, Prayagraj is designated as Nodal Officer for purposes of coordination.

12. The Board shall be constituted by CMO, Prayagraj in coordination with the Principal, Motilal Nehru Medical College, Prayagraj within 24 hours of request made in this behalf by the Principal Magistrate, Juvenile Justice Board, Prayagraj.

13. The Medical Board is directed to examine the petitioner physically as well as psychologically to determine the following aspects: "a. Whether carrying the pregnancy to the full term would impact upon the physical and mental well-being of the petitioner? b. Whether termination of the pregnancy can be carried out at this stage without any threat to the life of the petitioner? c. Whether the age of the petitioner would impact on the health condition of the petitioner in case of medical termination of pregnancy? d. Whether the petitioner and her parents are consenting to the said procedure as explained by the Doctors with regard to the medical termination of the pregnancy? e. Whether the petitioner is desirous of medical termination of pregnancy and has not agreed to the same upon coercive or influence of any other person?"

14. The Medical Board shall also counsel the petitioner (victim) and her parents and advice them of the possibilities of adoption and the secrecy/privacy thereof that would be maintained, in the event the petitioner agrees to carry the child to the full term.

15. The Registrar (Compliance) will communicate the instant order to the Principal Magistrate, Juvenile Justice Board, Prayagraj and Chief Medical Officer, Prayagraj during course of the day so that the Medical Board is constituted positively by tomorrow.

16. Learned counsel for the petitioner states that, in case, Medical Board is constituted by tomorrow, the petitioner will be present alongwith her guardian before CMO, Prayagraj for medical examination by the Medical Board on the aspects noted above or any other relevant aspect as deem fit and necessary.

17. The Medical Board, after carrying out medical examination of the petitioner, shall submit its report within 24 hours, as the pregnancy is already at advanced stage, and any delay would be detrimental to the well being of the petitioner.

18. Put up on 11.07.2025 at 2 P.M.

19. The report of Medical Board will be submitted to this court in a sealed cover through the Principal Magistrate, Juvenile Justice Board, Prayagraj. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.7.2025 Ankit.

2. The petitioner, a minor, is a victim of sexual assault and rape. A First Information Report dated 08.06.2025 under Section 137(2) Bharatiya Nyaya Sanhita relating to kidnapping of the petitioner was lodged by the mother of the petitioner. The petitioner, upon recovery, was medically examined and there is a report of Radiologist, M.L.N., Divisional Hospital, Prayagraj dated 13.05.2025 on record, according to which, the radiological age of the petitioner was 16 years i.e., below 18 years and she was referred to CMO, Kaushambi for final age opinion. The report also mentions that the petitioner was carrying a live fetus of gestational age of about 25 weeks 3 days. The school leaving certificate of the petitioner dated 01.07.2025 mentions her date of birth as 15.10.2010. The petition is supported by affidavit of the mother of the petitioner.

3. The relief sought is for permission from the court to permit the petitioner to terminate the pregnancy and for the said purpose, constitute a team of medical officers to carry out the same.

4. The present petition, it seems, was presented in the registry on 04.07.2025. As on date, according to the medico-legal report dated 13.06.2025, the pregnancy would be of around 29 weeks. We are conscious of the statutory time-lines prescribed under sub-section (2) of Section 3 of the Act.

5. The Supreme Court in XYZ vs. State of Gujarat, (2023) SCC OnLine SC 1573 held that the Medical Board or the High Court cannot refuse abortion merely on the ground that the gestational age of the pregnancy is above the statutory prescription.

6. A Three Judge Bench of the Supreme Court in (2024) 6 SCC 327, A (Mother of X vs. State of Maharashtra and another; Civil Appeal No.5194 of 2024) highlights the need for giving primacy to the fundamental rights to reproductive autonomy, dignity and privacy of the pregnant person by the Medical Board and the courts. The role of the medical board is to form opinion as to whether continuance of the pregnancy involves a risk to the life of the pregnant or of grave injury to her physical or mental health; or there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

7. Explanation 2 clarifies that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

8. Having regard to the facts of the case, we are of the opinion that the petitioner (victim) is required to be examined by the Medical Board envisaged under Section 3 (2-D) of the Act.

9. Shri Rajiv Gupta, learned Additional Chief Standing Counsel, after enquiring from CMO, Prayagraj states that Medical Board for the district has not been constituted by the State Government.

10. Consequently, we direct the Chief Medical Officer, Prayagraj to constitute a Medical Board for the present case consisting of the following: (a) A Gynecologist. (b) A Paediatrician. (c) A Radiologist or Sonologist. (d) A Psychiatrist.

11. The Principal Magistrate, Juvenile Justice Board, Prayagraj is designated as Nodal Officer for purposes of coordination.

12. The Board shall be constituted by CMO, Prayagraj in coordination with the Principal, Motilal Nehru Medical College, Prayagraj within 24 hours of request made in this behalf by the Principal Magistrate, Juvenile Justice Board, Prayagraj.

13. The Medical Board is directed to examine the petitioner physically as well as psychologically to determine the following aspects: "a. Whether carrying the pregnancy to the full term would impact upon the physical and mental well-being of the petitioner? b. Whether termination of the pregnancy can be carried out at this stage without any threat to the life of the petitioner? c. Whether the age of the petitioner would impact on the health condition of the petitioner in case of medical termination of pregnancy? d. Whether the petitioner and her parents are consenting to the said procedure as explained by the Doctors with regard to the medical termination of the pregnancy? e. Whether the petitioner is desirous of medical termination of pregnancy and has not agreed to the same upon coercive or influence of any other person?"

14. The Medical Board shall also counsel the petitioner (victim) and her parents and advice them of the possibilities of adoption and the secrecy/privacy thereof that would be maintained, in the event the petitioner agrees to carry the child to the full term.

15. The Registrar (Compliance) will communicate the instant order to the Principal Magistrate, Juvenile Justice Board, Prayagraj and Chief Medical Officer, Prayagraj during course of the day so that the Medical Board is constituted positively by tomorrow.

16. Learned counsel for the petitioner states that, in case, Medical Board is constituted by tomorrow, the petitioner will be present alongwith her guardian before CMO, Prayagraj for medical examination by the Medical Board on the aspects noted above or any other relevant aspect as deem fit and necessary.

17. The Medical Board, after carrying out medical examination of the petitioner, shall submit its report within 24 hours, as the pregnancy is already at advanced stage, and any delay would be detrimental to the well being of the petitioner.

18. Put up on 11.07.2025 at 2 P.M.

19. The report of Medical Board will be submitted to this court in a sealed cover through the Principal Magistrate, Juvenile Justice Board, Prayagraj. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.7.2025 Ankit.