High Court
Case Details
Neutral Citation No. - 2025:AHC:111238-DB Court No. - 21 Case :- WRIT - C No. - 21275 of 2025 Petitioner :- X Minor Victim Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Prashant Drivedi Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
Facts
1. Heard learned counsel for the parties. 2. Present petition has been filed for the following reliefs:- (a) issue a writ, order or direction in the nature of Mandamus/commanding direct the respondents/ Chief Medical Officer, Kaushambi to immediately constitute a team for medical termination of pregnancy of petitioner/X Minor, who is victim of sexual offence. (b) issue a writ, order or direction in the nature of Mandamus/commanding direct to the respondents/ Chief Medical Officer, Kaushambi to facilitate the pre-operational and post- operational procedure, medical expenses exp and medical care including the transportation of X-Minor Victim or the hospitalization etc. (c) issue any other suitable writ, order or direction that this Hon'ble Court may deem fit and proper under facts and circumstances of the case to which the petitioner be entitled under law; and (d) award the costs of the petition to the petitioner. 3. The petitioner, a minor, is a victim of sexual assault and rape. Initially, 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 during course of investigation, Section 65(1) of B.N.S. and Sections 5j(ii)/6 of POCSO Act have been added. 4. On 7.7.2025 we passed the detailed order directing the Chief Medical Officer, Prayagraj to constitute a Medical Board for medical examination of the petitioner (victim) as envisaged under Section 3(2- 1 D) of the Medical Termination of Pregnancy Act, 1971 (in short hereinafter referred to as ‘the Act’). In compliance of the said order, a Medical Board comprising of a Gynaecologist, a Paediatrician, a Radiologist and a Psychiatrist was constituted and it examined the petitioner (victim) on 9.7.2025. The report of Medical Board has been placed before us in a sealed cover. 5. As per the report, the gestational age of the fetus on the date of medical examination was 28 weeks 5 days +/- 2 weeks 1 day. The relevant part of the report is extracted below: Question Answer Whether carrying A. 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? Yes, the continuing the pregnancy to full term may impact on physical and mental well being of the petitioner. No, termination of pregnancy cannot be carried out at this stage (USG, Gestational age 28 weeks 5 days + - 2 weeks 1 day) without any threat to the life of the petitioner. Termination at this stage will require induction of labour that may be associated with complications and increased chances of surgical intervention C. Whether the age of the petitioner would impact on the health condition of the petitioner in case of medical termination of pregnancy? Yes, 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 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. Yes, the petitioner and her mother are consenting to the said procedure of termination of the pregnancy after being explained and counselled regarding the procedure and possible outcomes. When the mother and the petitioner was questioned by the medical board she and the mother replied that she is desirous of medical termination of pregnancy and has not agreed to the same upon coercive or influence of any 2 other person. 6. Although, the Medical Board has answered Question No. B in negative but has answered Question-A- as to whether carrying the pregnancy to full term would have impact upon the physical and mental well being of the petitioner; Question No. C - whether the age of the petitioner would impact on the health condition of the petitioner in case of medical termination of pregnancy; and Question No. 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 pregnancy, in affirmation. In response to Question No. E, it is stated that the petitioner and her parents have agreed to the medical termination of pregnancy voluntarily and not under any coercion and influence. 7. 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. 8. A Three Judge Bench of the Supreme Court in A Mother of X vs. State of Maharashtra and another, (2024) 6 SCC 327; 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. 9. 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. 10. The Supreme Court in A Mother of X vs. State of Maharashtra and another (supra), has summarized the legal principles in case of pre- mature termination of pregnancy of a minor keeping in mind the provisions of the Act. The principle relevant for the present case is as follows: 3 "(iv) The consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount. In case there is a divergence in the opinion of a pregnant person and her guardian, the opinion of the minor or mentally ill pregnant person must be taken into consideration as an important aspect in enabling the court to arrive at a just conclusion."
Legal Reasoning
11. In view of the above, we are of the opinion that the decision of the victim and her parents may be respected by allowing for termination of the pregnancy. 12. Accordingly, we dispose of the instant writ petition with direction to the Chief Medical Officer, Prayagraj to constitute a team of Doctors comprising of specialists to medically terminate the pregnancy suffered by the petitioner, a victim, of Case Crime No. 0054 of 2025, Police Station Paschim Sarira, District Kaushambi, as early as possible, not exceeding three days from today. 13. The District Magistrate, Prayagraj is directed to be involved in the process so as to ensure that all the medical and ancillary expenses of the petitioner and her family are borne by the State, which shall be inclusive of their travel and stay in Prayagraj. 14. Let a copy of instant order be handed over to Sri Rajeev Gupta, learned Additional Chief Standing Counsel for onward communication and due compliance to the District Magistrate, Prayagraj and Chief Medical Officer, Prayagraj. 15. The aborted fetus may be preserved in accordance with law for forensic examination in the main case. 16. All concerned will take appropriate steps to maintain confidentialty. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad 4