REDACTED vs The Inspector of Police

Court
Madras High Court

WP No. 45532 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 45532 of 2026
CNR:{HCMA012687182026}
AND
WMP NO. 51109 OF 2026
Xxx
Xxx
..Petitioner(s)
Vs
1. The Inspector of Police
AWPS-Polur
Tiruvannamalai-606 803
2. The Dean
Department of obstetrics and Gynaecology
Government Tiruvannamalai
Medical college and Hospital
Outer ring Road
Vengikal,
Tiruvannamalai Taluk
Tiruvannamalai District -606604
3. The State
rep by secretary
Health Department
Secretariat,
Fort St.George,
chennai-600 009
..Respondent(s)
PRAYER Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus directing the 2nd respondents to
facilitate medical termination of the petitioners daughter Ds pregnancy in
accordance with section 5 of the Medical Termination of pregnancy Act 1971
on the basis of the opinion of the competent Medical Board.
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WP No. 45532 of 2026
For Petitioner(s): Mr.Harinarayanan K
For Respondent(s): Mr. Durai Gunasekaran, Govt Advocate (Crl Side)
For R1
Mr.J.V. Sakthi Baalakrishnan
Government Advocate For R2 & R3
ORDER
This Writ Petition has been filed for the following reliefs:-
"directing the 2nd respondents to facilitate medical termination of the
petitioners daughter Ds pregnancy in accordance with section 5 of the Medical
Termination of pregnancy Act 1971 on the basis of the opinion of the competent
Medical Board,"
2. The petitioner would submit that she is the mother of the victim child,
D, aged about 17 years, born on 23.08.2009. Her daughter had been in a
romantic relationship with one Raja for about one and a half years, as a result of
which she became pregnant. Out of fear, D did not disclose the relationship or
pregnancy to her parents. Subsequently, upon noticing physical changes,
including enlargement of her abdomen, the petitioner questioned her daughter,
who revealed the relationship and pregnancy.
3. The petitioner would submit that, on 26.10.2026, she took D to a
private hospital, where the pregnancy was confirmed, and thereafter to the
Government Tiruvannamalai Medical College Hospital, where it was
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WP No. 45532 of 2026
reconfirmed. On 28.10.2026, D was produced before the District Child Welfare
Committee, Tiruvannamalai, and was accommodated in a Reception Home until
31.10.2026. Meanwhile, the first respondent police registered a case in Crime
No. 68 of 2026 for the offences under Section 64(2)(m) of the Bharatiya Nyaya
Sanhita and Sections 5(1) and 5(j)(ii) read with Section 6(1) of the POCSO Act.
4. The petitioner would further submit that D was admitted to the second
respondent Hospital on 31.10.2026 and continues to remain an inpatient. Both D
and the petitioner, being her natural guardian, have consented to the medical
termination of pregnancy. An expert scan conducted on 03.11.2026 assessed the
gestational age at approximately 28 weeks.
5. The petitioner would submit that continuation of the pregnancy against
D's wishes would cause severe mental trauma, emotional distress and social
stigma, besides adversely affecting her education. Further, any delay would
increase the gestational age and the associated medical risks.
6. The petitioner would submit that, in view of Section 5(1) of the
Medical Termination of Pregnancy Act, 1971, read with Article 21 of the
Constitution of India, and the decisions of this Court in X v. State (Crl.O.P. No.
14506 of 2019 and W.P. No. 18043 of 2022) , as well as the decision of the
Hon'ble Supreme Court in S v. Union of India (SLP (C) No. 14454 of 2026),
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WP No. 45532 of 2026
this Hon'ble Court has the power to grant appropriate relief even beyond the
statutory gestational limit.
7. In the above circumstances, the petitioner has approached this Court
seeking a direction to the second respondent Hospital to forthwith constitute a
Medical Board and a further direction to the respondents to facilitate the
medical termination of D's pregnancy in accordance with law.
8. Heard the learned counsel on either side and perused the records.
9. It is brought to the notice of this Court that the minor victim has also
expressed her desire to terminate the pregnancy.
10. The Hon’ble Supreme Court in the case of A Vs. State of
Maharashtra and others in Civil Appeal No.827 of 2026 , had held that what
has to be considered is ultimately the right of the minor child that is the
petitioner’s daughter to continue a pregnancy which is ex facie outside marriage
and the child to be borne is to a woman who is a minor. The Hon’ble Supreme
Court further held that where the mother did not want to bear the child her
interest have to be taken note of and her reproductive autonomy must be given
sufficient emphasis and the court cannot compel to complete her pregnancy.
The Court had relied upon the earlier judgement of the Hon’ble Supreme Court
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WP No. 45532 of 2026
in the case of X Vs. Health and Family Welfare Department - 2022 SCC
Online SC 1321 , wherein it was observed as follows:-
“ The right to reproductive autonomy is closely linked with the right
to bodily autonomy. As the term itself suggests, bodily autonomy is
the right to take decisions about one’s body. The consequences of an
unwanted pregnancy on a woman’s body as well as her mind cannot
be understated. The foetus relies on the pregnant woman’s body for
sustenance and nourishment until it is born. The biological process
of pregnancy transforms the woman’s body to permit this. The
woman may experience swelling, body ache, contractions, morning
sickness, and restricted mobility, to name a few of a host of side
effects. Further, complications may arise which pose a risk to the
life of the woman. A mere description of the side effects of a
pregnancy cannot possibly do justice to the visceral image of
forcing a woman to continue with an unwanted pregnancy.
Therefore, the decision to carry the pregnancy to its full term or
terminate it is firmly rooted in the right to bodily autonomy and
decisional autonomy of the pregnant woman.”

11. In the light of the above, though the Medical Board vide its reported
dated 03.11.2026, has opined that the petitioner's minor daughter, being a
teenager, faces risks both from the termination of pregnancy and from its
continuation, considering the fact that the pregnancy itself has resulted from
sexual assault, it would be in the interest of all concerned to terminate the
pregnancy. Therefore, this Writ Petition is allowed. The second respondent is
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WP No. 45532 of 2026
directed to facilitate the medical termination of the petitioner's daughter's
pregnancy forthwith, in accordance with Section 5 of the Medical Termination
of Pregnancy Act, 1971. No costs. Consequently, the connected Miscellaneous
Petition is closed.
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHR
Note: Issue the order copy today.
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WP No. 45532 of 2026
P.T.ASHA J.
SHR
To
1. The Inspector of Police
AWPS-Polur
Tiruvannamalai-606 803
2. The Dean
Department of obstetrics and Gynaecology
Government Tiruvannamalai
Medical college and Hospital
Outer ring Road
Vengikal,
Tiruvannamalai Taluk
Tiruvannamalai District -606604
3. The State
rep by secretary
Health Department
Secretariat,
Fort St.George,
chennai-600 009
WP No. 45532 of 2026
AND
WMP NO. 51109 OF 2026
04-11-2026
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WP No. 45532 of 2026
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