Victim X vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:24149
1 WP-35001-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
th
ON THE 25 OF AUGUST, 2026
WRIT PETITION No. 35001 of 2026
VICTIM X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Diksha Shrivas, Advocate for the petitioner through VC.
ORDER
By this petition under Article 226 of the Constitution of India, the petitioner
is praying for the following reliefs :-
RELIEF SOUGHT:
a. Kindly direct the respondents to immediately constitute/arrange for
examination of the petitioner by a duly constituted competent Medical
Board consisting of appropriate specialists, including a Gynaecologist,
Radiologist/Sonologist and Paediatrician, and obtain an urgent opinion
regarding the safety and feasibility of termination of the pregnancy;
b. Kindly direct the respondents to take appropriate steps for termination of
pregnancy of the petitioner, if the competent Medical Board opines that
termination can be safely undertaken feasibly and this Hon’ble Court
permits/ directs the same in accordance with law;
c. Kindly direct the respondents to preserve, secure and maintain all legally
permissible medical/biological
material, including fetal tissue/) DNA material, if medically available and
required for the purpose of investigation
and trial, in accordance with law and subject to medical feasibility;
d. Kindly direct the respondents to provide immediate and appropriate
medical and psychological assistance to the petitioner;
h. Pass any other order deemed fit in the interest of justice.
2. In compliance to the order dated 24.08.2026, a report has been received
from Maharaja Tukjirao Hospital M.Y.H MGM Medical College, Indore(M.P.)
which reads as under :-
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 25-08-2026
18:58:40

NEUTRAL CITATION NO. 2026:MPHC-IND:24149
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"The case has been reviewed by medical Board constituted on 25.08.2026
and is of the opinion that pregnancy can not be terminated.
1. As the pregnancy is 31 weeks 1 day 1.7 kg healthy baby.
2. She is anemic and not medically fit at present."

3. In view of the aforesaid report, which states that due to the difficult
situation, where the fetus is stuck with an anterior wall fibroid and it is a viable
pregnancy with a fibroid uterus and considering the opinion given by the team of
doctors that the pregnancy is at an advanced stage (more than 31 weeks), it is not
advisable to go through the process of termination for the victim. If the procedure
is carried out, further complications may arise, which could lead to a fatality.
4. Considering these aspects, the opinion of medical team, and the
judgment passed by the High Court Gujarat at Ahmedabad in R/Special Criminal
Application (Direction) No. 11324 of 2026 ABC Through Maheshbhai
in the case of
Kanjibhai Parmar Vs. State of Gujarat & Ors. dated 07.08.2026, as well as in A.
Vs. State of M.P. & Ors. I.L.R. 2025 M.P. 1717
reported in , wherein it was held that
no direction is required to be granted for the termination of pregnancy if doing so
poses a danger to the life of the victim, and that the Court should not exercise its
jurisdiction merely based on the welfare of the victim when the medical procedure
endangers her life, I am of the opinion that the petition deserves to be dismissed.
5. In the case of ABC Through Maheshbhai Kanjibhai Parmar(Supra), the
State of Gujarat High Court has passed the following order :-
1. This Court vide order dated 06.08.2026 had directed Civil Hospital,
Asarwa, Ahmedabad, to examine the victim through the Committee,
consisting of the Head of the Department of Gynecology as well as other
experts, with regard to termination of pregnancy.
2. The victim was examined by the Committee of experts on 06.08.2026
and the report of the Committee is produced on the record. A perusal of the
report indicates that, having regard to the fetal and maternal complications,
termination of pregnancy is not recommended.
3. Hence, the permission for termination of pregnancy cannot be granted by
this Court.
4. Accordingly, this petition stands disposed of, with following directions :
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 25-08-2026
18:58:40

NEUTRAL CITATION NO. 2026:MPHC-IND:24149
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(i) Respondent No.3 - the Medical Officer, (i) Respondent No.3
Department of Radiology, Sub-District Hospital, Dakor, Taluka: Thasra,
District: Kheda, shall take appropriate steps for follow up of the health of
minor victim till she delivers the child. Special treatment to new born child
is also ordered to be provided, including neonatal care, as per the
requirement for better growth and health of the new born child.
(ii) Periodical health check-up of minor victim and new born child shall be
undertaken by the medical experts.
(iii) After ascertaining the wish of minor victim and physical condition of
new born child, custody of new born child be handed over to Specialized
Adoption Agency, Kheda, in the supervision of the Child Welfare
Committee.
(iv) After ascertaining the wish of minor victim if she do not want to reside
along with her family members then the concerned Investigating Officer is
directed to make appropriate arrangement to shift the minor victim to Nari
Sarankshan Gruh, which shall in turn take care for her better future
including educational or vocational training to the minor victim as per the
wish of the minor victim.
(v) The State Government is directed to pay all the medical costs of
delivery, including expenses towards treatment and nutrition of the victim
and new born child and all postpartum expenses, for a period of six
months.
(vi) The District Legal Services Authority is directed to take appropriate
steps to provide interim compensation as early as possible to minor victim,
after following due process under the Victim Compensation Scheme.
(vii) The Secretary, District Legal Services Authority is directed to
supervise all the aforesaid directions till the victim delivers and hand over
the child for adoption to the Specialized Adoption Agency, Kheda.


6. In the case of A. Vs. State of M.P. & Ors.(Supra) the Hon'ble Couret
has observed as under :
5. Medical termination of pregnancy can be done irrespective of age of
fetus provided that case is covered under Section 3(2-B) or under Section
5(1) of the Act of 1971. As per aforesaid provision, if Medical Board forms
an opinion that termination is necessitated by diagnosis of substantial fetus
abnormalities or in cases where medical practitioner in good faith is of
opinion that termination of pregnancy is immediately necessary to save the
life of pregnant woman. From perusal of the report, it is found that fetus is
normal and there is no apparent abnormality that is in-compatible with life.
Further medical board has also formed an opinion that pregnancy does not
pose any grave risk to health of survivor i.e. prosecutrix. This is coupled
with the opinion that termination of pregnancy at 30 weeks may be risker
to the survivor. Since termination of pregnancy is not permissible under the
Act of 1971, therefore, writ petition has been filed under Article 226 of the
Constitution of India seeking permission of High Count to terminate the
pregnancy of a гape survivor who is minor mentally challenged Survivor
of sexual assault of rape victim or incest can get pregnancy terminated up
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 25-08-2026
18:58:40

NEUTRAL CITATION NO. 2026:MPHC-IND:24149
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to period of 24 weeks in accordance with the Act and Rules.
6. Explanation 2 to Section 3 lays down that where pregnancy is said to
have been caused by rape, the anguish caused by pregnancy shall be
presumed to constitute a grave injury to mental health of pregnant woman.
ed to constitute a grave injury to mental health of pregnant woman. Under
the Act pregnancy can be terminated only up to 24 weeks and Legislature
in its prudence did not permit termination of pregnancy beyond period of
24 weeks despite the fact that there is an explanation that survivor of rape
victim is anguished by the pregnancy and same constitute injury to mental
health of pregnant woman. Legislature has lifted the bar of length of
pregnancy only in cases where pregnancy will cause risk to life of the
woman and termination of pregnancy is immediately necessary to save life
or in cases where there are substantial foetal abnormalities.
7. Supreme Court in the case of A (Mother of X) Vs. State of Maharashtra
and another reported in (2024) 6 SCC 327 2024 SCC OnLine SC 835 has
held that Medical Board while forming opinion must not restrict itself to
criteria under Section 3(2-B), but must also evaluate physical and
emotional well being of pregnant woman. Apex Court also held that
woman is having reproductive freedom and right to get herself aborted
under Article 21 of the Constitution of India, but matter is to be considered
and risk is to be balanced by the Court and the authorities concerned.
Woman is having reproductive autonomy and her consent is to be taken
into consideration for termination of pregnancy. It has also been laid down
that sole and only consideration which must weigh with Court is safety and
welfare of the minor. However in said case permission was granted for
termination of pregnancy but then parents want to go keep the pregnancy
since victim has entered 31st week of pregnancy, therefore, orders allowing
termination of pregnancy was recalled and direction was issued for her safe
delivery and to give financial support. It was also held that in case rape
victim or her parents desires to give child for adoption State Govt is
directed to facilitate said exercise. In case at hand rape survivor is having
pregnancy of 30 weeks. By 30 weeks, brain of fetus is rapidly developing.
Fetus can see and feel most of stumuli. All internal systems of fetus is
developed. Lungs also developed by that time. Fetus control its body heat.
All organs of the body of fetus is well formed and they move. Fetus
respond to stumuli sound, pain and light. If light is born prematurely i.e.
after 23 weeks it may be survive under intensive care. Heart has started
beating and fetus can also breath within the body and excrete and other
bodily functions are also active. Said information is available in medical
journals and on Website.
8. Due to said reasons, Section 316 of Indian Penal Code (Section 92 of the
Bhartiya Nagrik Suraksha Sanhita, 2023) prescribed punishment of
culpable homicide, if death is caused of a quick unborn child. Quickening
starts when foetal movements began in uterus ie at the age of 20-24 weeks.
By that time child is alive and concious, therefore, his fundamental right to
life under Article 21 of the Constitution of India cannot be totally ignored.
Though pregnant woman has a right to abort her child under Article 21 of
the Constitution of India and she is having reproductive freedom but said
reproductive freedom has to be balanced with facts and circumstances of
case and laws of the land. Pregnancy can be terminated up to 20 weeks with
consent but thereafter elaborate procedure is prescribed in the Act of 1971

Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 25-08-2026
18:58:40

NEUTRAL CITATION NO. 2026:MPHC-IND:24149
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which cannot be completely ignored.
9. On going through the report, which has been produced by Medical Board
no foetal abnormalities is found neither there is any risk to life of health
survivor and it has been mentioned that termination of pregnancy at 30
weeks may be riskier to the survivor. In these circumstances, permission to
terminate the pregnancy cannot be granted. Petition is dismissed.
10 Directive Principles of State policy: Article 39 (f) of the Constitution of
India provides that children are to be given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and dignity and
that childhood and youth are protected against exploitation and against
moral and material abandonment. It is the duty of the State to see aforesaid
facilities are to be provided to children. In this case, victim is a minor and
mentally challenged and she is unable to bring up the child on her own
without the support of the Government, therefore, State Government is
directed to bear expenses of food, clothing, shelter and education of child
till he attains the age of 18 years. State Government will also facilitate the
adoption of child by eligible parents if petitioner wants to give child in
adoption and take all necessary steps. State Government will also bear
expenses of delivery, food and safety of minor child and mother for a
period of 3 months.
11. Writ petition is disposed off.

7. Considering these aspects, the opinion of the expert medical team, and in
the light of the aforesaid judgments, I am of the opinion that the petition deserves
to be dismissed. Accordingly, the petition is dismissed. No direction can be
granted to terminate the pregnancy.
(SANDEEP N. BHATT)
JUDGE
pn

Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 25-08-2026
18:58:40