Ramkumar vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court
Decided on: 31-03-2026

<div> 1 WP-10826-2026 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 31 OF MARCH, 2026 WRIT PETITION No. 10826 of 2026 RAMKUMAR AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance: Shri Vikas Samadhiya - Advocate for the petitioners. Shri Rinkesh Goyal - Govt. Advocate for the respondent/State. ORDER By way of this writ petition under Article 226 the Constitution of India, the petitioners are seeking following reliefs: 1) This Hon'ble Court may kindly be pleased to allow this petition and grant a permission to petitioner No.2 for the medical termination of pregnancy caused due to the offence committed as per FIR 0044/2026 (Annexure P-1) in the care of Petitioner No.1 at a Government Hospital forthwith; 2) This Hon'ble Court may also kindly be pleased to Direct the Respondents to constitute a Medical Board immediately, if required, to assess the gestational age and medical feasibility; 3) This Hon'ble Court may kindly be pleased to Direct that the termination be conducted at District Hospital, Bhind ог any other Government Medical College/Hospital, free of cost and with due care; 4) Direct that the identity and privacy of the petitioner be protected at all stages; 2. It is the case of petitioners that approximately one year ago, petitioner No.2/prosecutrix came into acquaintance with one Sahil Khan, a Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM 2 WP-10826-2026 resident of Village Machhand, through his sister Rimsha, who was a friend of petitioner No.2. About three to four months prior to the filing of the present petition, during the night hours at around 1:00 AM, when petitioner No.2 was sleeping alone in her house, the said Sahil Khan forcibly entered her room and committed rape upon her by threatening to kill her in case she resisted or disclosed the incident to anyone. Owing to the grave threat, fear, and trauma, petitioner No.2 could not disclose the said incident to any person. Thereafter, in the intervening night of 26–27 January 2026, at about 1:00 AM, the accused once again criminally trespassed into the house of petitioner No.2 and repeated the act of sexual assault, again threatening her with dire consequences if she disclosed the same. Subsequently, petitioner No.2 missed her menstrual cycle for about two months. Upon informing the accused about the same, he again threatened her not to disclose the incident to anyone, failing which he would kill her. On 10.03.2026, petitioner No.2 conducted a urine pregnancy test, which returned positive. Being under immense fear, shock, and mental trauma, she initially disclosed the incident to a relative and thereafter to her parents. Consequently, FIR bearing No. 44/2026 came to be registered against the accused. Petitioner No.2, being a young girl of 18 years, is presently carrying an unwanted pregnancy, which is the direct result of repeated acts of sexual assault. The continuation of such pregnancy is causing her severe physical pain, mental trauma, emotional distress, and social stigma, resulting in irreparable psychological injury. It is submitted that continuation of the pregnancy would gravely prejudice her mental health, dignity, bodily autonomy, and future prospects, Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM 3 WP-10826-2026 and would amount to further victimization of the prosecutrix. The pregnancy has been caused without the free will and consent of petitioner No.2, and therefore, she seeks termination of the said unwanted pregnancy by way of the present petition. 3. As per the directions issued by this Hon’ble Court on 26.03.2026, a report concerning the feasibility and advisability of medical termination of pregnancy of the victim was sought from the Medical Board constituted at Kamlaraja Hospital and G.R. Medical College, Gwalior. In compliance with the said directions, the report dated 28.03.2026 has been submitted before this Court. The contents of the report dated 28.03.2026, as furnished by the Medical Board, are reproduced hereinbelow: काया लय सूित एवं ी रोग वभाग कमलाराजा अ पताल एवं गजराराजा िच कसा महा वालय वािलयर 28.03.2026 बैठक दनांक का काय वाह% ववरण , माननीय उ (च )यायालय वािलयर खंडपीठ वािलयर ,ारा करण 10826/2026 26 03.2008 ड -.यू.पी. 0. दनांक म 1 जार % आदेश के प 5रपालन म पी डता कृ 7णा दौहरे पु :ी रामकुमार दोहरे व;< म =यदेश शासन आ द । पडता 27.03.2026 04:45 व?, म @य देश शासन के गभ पात कराने हेतु दनांक को शाम बजे कमलाराजा अ पताल म 1 भत A है। Cजसम1 एम.ट %.पी. टिम नेशन के अिभमत हुई 28.03.2026 12:00 देने के संबंध म 1 दनांक को दोपहर बजे मे डकल बोड क F बैठक का आयोजन कया गया है। बैठक म 1 सभी सद य उप Cथत हुये। मे डकल बोड के , , , सद य डॉ राम रावत ा=यापक एवं भार% वभागा=यI का डयोलॉजी वभाग डॉ. , , , वृ )दा जोशी ा=यापक एवं वभागा=यI सूित एवं ी रोग वभाग डॉ अजय गौड , , , - ा=यापक एवं वभागा=यI बाल एवं िशशु रोग वभाग डॉ र Jेश जैन सह Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM 4 WP-10826-2026 , , ा=यापक एवं ितिनिध वभागा=यI रे डयोलॉजी वभाग डॉ. अंजनी जलज , , ा=यापक एवं वभागा=यI सज र% वभाग डॉ सुधा अयंगर ा=यापक एवं , , वभागा=यI पैथोलॉजी वभाग डॉ. सजय धवले ा=यापक एवं वभागा=यI मे डिसन वभाग उप Cथत रहे। उप Cथत सभी सद यK ,ारा पी ड़ता कृ 7णा दौहरे पु :ी रामकुमार दौहरे व?< म =यदेश शासन मर %ज के आधार काड 0. 893445088436 18 8 2 के अनुसार उ M वष ह Oते दवस का गभ पाया गया है. सी 233714 27.03.2026 आर 0मांक भत A दनाक को पर %Iण कर उसक F जां◌ंचेां को भेजा गया। पर %Iण कर उसक F जांचो का अवलोकन कया गया सु वधा के साथ गभ पात कया जा सकता है। 4. This Court is presently seized of a matter concerning a young girl aged about 18 years, who is carrying a pregnancy resulting from an act of rape. The victim, along with her parents, has unequivocally expressed her unwillingness to continue with the pregnancy and to give birth to a child conceived through such traumatic circumstances. It is to be noted that compelling the victim to carry the pregnancy to term would not only perpetuate her mental and emotional distress but would also subject both the victim and the child to severe social stigma and ostracization. The prospective child, if born, may also be exposed to lifelong psychological and societal challenges owing to the circumstances of birth. In such a situation, the rights, dignity, and mental well-being of the victim must be accorded paramount consideration. 5. The Supreme Court in the case of Murugan Nayakkar Vs. Union of India & Ors. in Writ Petition (Civil) No.749/2017 by order dated 6/9/2017 has held as under:- Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM 5 WP-10826-2026 "The petitioner who is a 13 years old girl and a victim of alleged rape and sexual abuse, has preferred this writ petition for termination of her pregnancy. When the matter was listed on2 8.8.2017, this Court has directed constitution of a Medical Board at Sir J.J. Group of Hospitals, Mumbai. Be it noted, this Court had also mentioned the composition of the team of doctors. The petitioner has appeared before the Medical Board on 1.9.2017 and the Medical Board that has been constituted by the order of this Court expressed the opinion that the termination of pregnancy should be carried out. That apart, it has also been opined that termination of pregnancy at this stage or delivery at term will have equal risks to the mother. The Board has also expressed the view that the baby born will be preterm and will have its own complications and would require Neonatal Intensive Care Unit (N.I.C.U.) admission. We have heard Ms. Sneha Mukherjee, learned counsel appearing for the petitioner, Mr. Ranjit Kumar, learned Solicitor General appearing for the Union of India and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra. Considering the age of the petitioner, the trauma she has suffered because of the sexual abuse and the agony she is going through at present and above all the report of the Medical Board constituted by this Court, we think it appropriate that termination of pregnancy should be allowed. In view of the aforesaid premise, we direct the petitioner to remain present at the Sir J.J. Group of Hospitals, Mumbai in the evening of 7.9.2017 so that the termination of pregnancy can be carried out preferably on 8.9.2017. Mr. Nishant R. Katneshwarkar shall apprise the Dean of Sir J.J. Group of Hospitals, Mumbai so that he/she can make necessary arrangements for termination of the pregnancy. A copy of the order passed today be handed over to learned counsel for the petitioner and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra. The writ petition is accordingly disposed of. There shall be no order as to costs." 6. In light of the aforesaid judgment, and having due regard to the age of the minor girl, the trauma she has endured, and the mental and emotional agony she is presently undergoing, coupled with the medical opinion rendered by the duly constituted Medical Board, this Court is of the considered view that the relief sought by petitioner No. 1 and her daughter merits acceptance. Accordingly, the prayer stands allowed. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM 6 WP-10826-2026 7 This Court is of the considered opinion that it cannot remain a silent spectator to the trauma being endured by the victim. The Court is, therefore, duty-bound to intervene and take an appropriate decision in the interest of justice. Accordingly, it is directed that the Dean of G.R. Medical College, Gwalior shall constitute an interdisciplinary team of senior and experienced doctors. The said medical team shall undertake the necessary procedure for termination of pregnancy on 2nd April, 2026 at 10:00 AM. The girl (prosecutrix), along with her parents, shall appear before the medical team and complete all requisite consent formalities prior to the procedure. It is further directed that a senior doctor from the Department of Medicine and a senior doctor from the Department of Cardiology shall examine and assess the health condition of the minor prior to the termination procedure, to ensure that all necessary precautions are taken. The Dean is requested to ensure that the team so constituted comprises competent and experienced professionals, keeping in mind the humanitarian considerations involved in the matter. Further, in terms of the law laid down by the Division Bench of the Bombay High Court in Shaikh Ayesha Khatoon Vs. Union of India, reported in 2018 SCC OnLine Bom 11, it is directed that the petitioner No.1 and her daughter shall be duly sensitized by the Medical Board/Committee regarding the risks and implications associated with the procedure. It shall be open to the victim, upon such counseling, to undergo the medical termination of pregnancy at her own informed risk and consequences. It is also clarified that the doctors who have rendered their medical opinions in the present matter, and those who will be involved in carrying out the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM 7 WP-10826-2026 procedure, shall be entitled to immunity from any legal proceedings arising out of or in connection with the said medical termination. 8. It is further clarified that the identity of the victim shall be kept strictly confidential and shall not be disclosed to any person, in order to safeguard her future. It is also directed that no legal claim shall be maintainable against the team of doctors by the girl or her parents, as they have been duly informed of the potential risks and complications involved, and have consented to the procedure with full understanding. Accordingly, the medical team shall not be held liable for any legal consequences arising out of the said procedure. It is further directed that the concerned department of G.R. Medical College, Gwalior, or its affiliated institutions, shall undertake DNA sampling of the foetus and preserve the report thereof, to be produced before the competent Court where the related criminal proceedings are pending. 9. With the aforesaid directions, the writ petition stands allowed and disposed of. 10. Let a copy of this order be furnished to the learned Government Advocate free of cost for immediate transmission to the Dean, G.R. Medical College, Gwalior. E-copy/Certified copy be issued as per rules and directions. (MILIND RAMESH PHADKE) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/1/2026 10:56:31 AM</div>