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Judgment
ORAL ORDER
This petition is by the mother of minor victim, who is also arrayed as petitioner No.2 seeking following reliefs:
a)To issue writ in the nature of mandamus permitting the petitioner to terminate ongoing pregnancy of his minor daughter through respondent no.2 and 3 or by a registered medical practitioner any approved private or government center or hospital in the interest of justice and equity.
b)To issue writ in the nature of mandamus directing the respondent no.2 and 3 to constitute a committee for medical termination of pregnancy of petitioner daughter (victim girl) in accordance with MTP Act 1971 and ensure MTP of victim girl in the interest of justice and equity
c)Issue any other writ or direction as this honble court may deem fit in the interest of justice and equity.
It is the case of the petitioners that petitioner No.2 being the daughter of petitioner No.1 was taken to the hospital complaining irregular menstrual cycle. During the examination, she was found to be pregnant. Consequent upon which, a case in Crime No.174/2026 came to be filed against perpetrator of the offence punishable under Sections 6, 5(L), 5(p) of POCSO Act, 2012 and Sections 115(2), 351(3), 352, 64(2), 64(2)(i), 64(2)(m) and 74 of BNS Act, 2023.
It is now learnt that petitioner No.2 is in her 27th week of pregnancy. Petitioner being aged 17 years is not willing to give birth to the child. As such, a request was made to respondent No.4-Child Welfare Committee seeking permission for medical termination of the pregnancy. The said request was forwarded to respondent No.3-Superintendent of Mother Child Hospital (MCH), Hosapete for opinion. Upon which, an examination was conducted by respondent No.3 by constituting a committee. Since the pregnancy was in her 27th week, it was insisted that an order by this Court was imperative.
Accordingly, the present petition.
This Court on hearing the counsel for petitioners, on 24.09.2026 has passed the following order:
“ORAL ORDER
1.Learned AGA accepts notice for respondents No.1 to 4.
2.A direction is issued to the Medical Board of Government District Hospital, Vijayanagar to conduct examination and evaluate the physical and mental health, ability of petitioner No.2 and also to submit a report whether the request for MTP (Medical Termination of Pregnancy) is feasible.
3.Petitioners shall appear before the Medical Board on 25.09.2026 at 11.30 a.m.
4.Learned AGA to issue necessary instructions to the Medical Board to comply with the requirement of medical protocol and to submit a report to this Court on 28.09.2026.
5.Call on 28.09.2026.”
Pursuant to the said order, learned HCGP has filed a memo dated 28.09.2026 along with documents.
The Medical Board, which was constituted pursuant to the aforesaid order, has addressed a communication dated 25.09.2026 to the Registrar General (Judicial) of this Court, which reads as under:
The memo also refers to the opinion obtained by the Board from the gynecologist, pediatrician, radiologist and anesthetist.
All these experts have opined that petitioner No.2 is medically fit for the proposed procedure.
Counsel for petitioners submits that petitioner No.2 has been apprised of the consequences of the matter.
Following the law laid down by the Hon’ble Apex Court in the case of Meera Santosh Pal vs. Union of India reported in 2017 (3) SCC 462, Co-ordinate Bench of this Court in W.P.No.107622/2025 passed on 17.10.2025 and W.P.No.105785/2024 passed on 30.09.2024 have under similar fact situation of the matter, permitted termination of pregnancy.
Since the medical report does not indicate any concern and has unequivocally opined that petitioner No.2 is medically fit to undergo the procedure and also considering the fact that petitioner No.2 is just 17 years of age, victim of the alleged offence noted above, this Court deems it appropriate to allow the petition.
Accordingly, the following:
ORDER
Petition is allowed.
Respondents No.2 and 3 shall carry out the procedure for medical termination of pregnancy of petitioner No.2 following the provisions of Medical Termination of Pregnancy Rules, 1971 forthwith.
It is made clear, notwithstanding the aforesaid opinion issued by the Medical Board, if in the event of the team encountering any medical concern during the procedure, they are at liberty to take such decision as may be necessary in the interest of the minor petitioner No.2, including not to go ahead with the procedure. Thus, it is absolutely within the discretion of the Medical Board to take decision as required.
If in the event of procedure being carried out, the concerned respondent shall preserve the fetus for the purpose of DNA test that may be required for the purpose of impending investigation, enquiry and trial to be conducted for the offence which is registered in the case noted above.
The said fetus shall be sent for DNA analysis within the time and in the manner prescribed under the law regarding its preservation and obtain the report and submit it to the Jurisdictional Court through the concerned Investigating Officer for further action.
If in the event of petitioner No.2 in the process giving birth to the baby, the concerned hospital shall ensure such baby is given all medical care and aid as per the protocol.
Child born, if any, shall be at the discretion of petitioner No.2 and her minor guardian, be either handed over to them or to the State Agency as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 and a report in this regard shall be filed to the concerned Board.
All expenses including conveyance, pre-care and the post-care facilities shall be borne and paid by the State.
Petitioner No.2 shall also be entitled for the compensation in terms of the Government order bearing No.HD 42 PCB 2018 dated 25.09.2018 as may be applicable.
Registry shall communicate this order to the concerned hospital as well as to the learned HCGP forthwith for compliance.
A report regarding action taken shall be filed before this Court within two weeks thereafter.
Petition is disposed of accordingly.
Hand delivery is permitted.