Baru Singh And Another vs State Of U.P. And 4 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD
Matters Under Article 227 No. 8129 of 2023
Baru Singh And
Another
…..Petitioners(s)
Versus
State of U.P. And 4
Others
…..Respondents(s)
Counsel for Petitioners(s) : Parvat Singh, Guru Prasad Singh
Counsel for Respondent(s) : G.A.
Court No. - 37
AFR
Reserved on: 05.02.2026
Delivered on: 29.05.2026
HON’BLE VINOD DIWAKAR, J.
A law which a man cannot obey, nor act according to it, is void
and no law: and it is impossible to obey contradictions, or act according
1
to them- Vaughan, C.J., in Thomas v. Sorrell, 1677 .
This judgment will open with the aforesaid aphorism, to reflect
upon the troubling tendency of bureaucratic systems to render the law
ineffective in practice, despite its clear mandate in statute.
1
Lon L. Fuller, The Morality of Law, Chapter II: "The Morality that Makes Law Possible" (revised
ed., Yale University Press, 1969), wherein the author opens the chapter with the aforementioned
dictum of Vaughan C.J.

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Matters Under Article 227 No.8129 of 2023
1. Heard Shri Suresh Kumar Maurya, holding the brief of Shri Parvat
Singh, learned counsel for the petitioners, Ms. Vijeta Singh, learned
Amicus Curiae, learned A.G.A. for the State, and perused the material
available on record.
2. The present petition has been filed with two-fold prayers: (i)
seeking a direction to the learned Additional District Judge/Special
Judge (POCSO Act), Meerut, to allow petitioner no.2 (hereinafter
referred to as 'X') to terminate her unwanted pregnancy of
approximately five months; or, in the alternative, and (ii) directing the
Chief Medical Officer, Meerut, to terminate the said pregnancy. The
victim 'X' is a minor girl of unsound mind, aged approximately 17 years,
and a survivor of rape. She has been living under the guardianship of her
maternal grandfather, who is arrayed as petitioner no.1. Her biological
father abandoned the family approximately ten years prior to the present
proceedings, and his whereabouts remain unknown. Her mother is also a
woman of unsound mind.
3. On perusal of the record, it transpires that an FIR bearing Case
Crime No.0080 of 2023, under sections 328, 376, 506 IPC read with
Sections 3 and 4 of the Protection of Children from Sexual Offences
Act, 2012 was registered on 11.06.2023 at P.S. Rohta, District Meerut
against the accused- Lalu by the grandfather of the victim. When the
symptoms of advance pregnancy were noticed, the victim disclosed to
her grandfather about the unfortunate incident that had befallen her. The
victim was taken to the police station on 11.06.2023 and thereafter
produced on 12.06.2023 before the Medical Officer at the CHC Rohta,
Meerut, for medical examination. The Medico Legal Examination
Report of Sexual Violence was prepared, and a pregnancy of 22 weeks
and 6 days was detected.
I- CHRONOLOGICAL SUMMARY OF ORDERS PASSED BY
THIS COURT:
4. Before adverting to the larger institutional issues that emerged in
the course of these proceedings, it is appropriate to briefly recapitulate

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Matters Under Article 227 No.8129 of 2023
the orders passed by this Court so as to obtain a bird's-eye view of the
entire matter. The following chronological summary is accordingly set
out.
5. After registration of the FIR, the victim's grandfather approached
the Chief Medical Officer (CMO), Meerut, on 05.07.2023 seeking
termination of the unwanted pregnancy of his granddaughter. The CMO,
Meerut, did not entertain the request. Finding no relief, the grandfather,
on 19.07.2023, preferred an application before the Court of the learned
Additional District Judge/Special Judge (POCSO Act), Meerut, seeking
permission for termination of the pregnancy. The said application was
returned with the endorsement that the applicant may approach the High
Court for appropriate redressal. The writ petition was filed on
22.07.2023 and came to be listed before this Court on 04.08.2023. In the
entire process, 54 days- that is, almost seven weeks- were consumed
between the date of registration of the FIR and the date on which the
applicant was compelled to approach this Court.
6. Vide order dated 04.08.2023, the Chief Medical Officer, Meerut,
was directed to constitute a Medical Board under Section 3(2-D) of the
Medical Termination of Pregnancy Act, 1971 (hereinafter 'the MTP
Act'), with a direction that if the fetus could be aborted without danger
to the life of the victim, a team of doctors under the guidance of the
CMO shall carry out the abortion. It was also directed that the wishes of
the grandfather, under whose guardianship the minor victim was
residing, be obtained after due verification. Sensing the urgency, the
CMO was directed to furnish a compliance report within one week and,
in the event of non-compliance, to file a personal affidavit stating
reasons therefor. The attention of the CMO was also invited to the
directions issued by the Supreme Court in 'X' v. Principal Secretary,
Health and Family Welfare Department, Government of N.C.T. of Delhi
2
and Others .
2
(2022) SCC OnLine SC 1321

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Matters Under Article 227 No.8129 of 2023
7. In compliance with the order dated 04.08.2023, the CMO filed a
compliance report through the Chief Judicial Magistrate, Meerut, stating
that the victim was admitted to the hospital on 05.08.2023 and was
under treatment at Pyare Lal Sharma District Hospital, Meerut. A
Medical Board was constituted, and on its advice, the doctors conducted
delivery of the victim on 13.08.2023. The newborn baby was sent to the
Medical College, Meerut, and the victim was handed over to the police
on 15.08.2023.
8. However, on 22.08.2023, it was noticed upon perusal of the record
that the CMO, Meerut, had not constituted the Medical Board in
accordance with the provisions of the MTP Act, 1971, and the Medical
Termination of Pregnancy Rules, 2003. The CMO was directed to file a
personal affidavit responding to the observations made in the earlier
orders and to apprise the Court as to whether the State Government has
constituted a Medical Board in accordance with the requirements of
Section 3(2-D) of the MTP Act, 1971, and Rules 3 and 3A of the MTP
Rules, 2003.
9. The Senior Superintendent of Police, Meerut, was simultaneously
directed to file an affidavit disclosing the number of cases, police
station-wise, registered in District Meerut involving unwanted
pregnancies detected in rape cases during the previous five years.
10. On 06.09.2023, three separate affidavits were filed by the CMO,
Meerut; the SSP, Meerut; and the District Probation Officer, Meerut,
respectively. Ms. Vijeta Singh, Advocate, who was present in Court, was
appointed Amicus Curiae to assist the Court in suggesting measures for
effectively administering the physical and mental requirements of
victims and newborn children in such circumstances, as well as their
rights and the applicable laws.
11. On perusal of the affidavit filed by the CMO, Meerut, it was
observed that the second part of the directions contained in the order
dated 22.08.2023 remained non-complied with. On 06.10.2023, it was
recorded that the learned Amicus Curiae had submitted that the Child

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Matters Under Article 227 No.8129 of 2023
Welfare Committee had forwarded its order dated 06.07.2023 to the
District Magistrate, Meerut, for information; however, the District
Magistrate has also not taken cognizance of the matter thereof. A
conjoint reading of the affidavit dated 15.09.2023 filed by the District
Probation Officer, Meerut, and the affidavit dated 12.09.2023 filed by
the Chairman, Child Welfare Committee (CWC), Meerut, further
revealed that neither the Support Person nor the Consultant appointed by
the CWC on 15.06.2023 had taken any steps to discharge their duties,
nor had the Chairman taken stock of the situation.
12. The Chairman, CWC, Meerut, was directed, vide order dated
06.09.2023, to file an affidavit setting out the guidelines, rules, or
statutory provisions enabling the issuance of such caveats as were found
in the order dated 06.07.2023. The entire case file relating to steps taken
by the Support Person, Consultant, and Chairman of the CWC was
further directed to be placed before the Court. It was also directed that
information be furnished as to whether the CWC maintained a dedicated
website and whether the Health Department possessed Technical and
Procedural Guidelines for Safe Abortion Services in cases of voluntary,
and emergent termination of pregnancy of rape victims in Uttar Pradesh.
13. The CMO, Meerut constituted a Medical Board on 07.09.2022
under Section 3(2-D) of the Medical Termination of Pregnancy Act,
1971, read with Rules 3 and 3A of the Medical Termination of
Pregnancy Rules, comprising the CMO as Chairman, Additional CMO
as Convener, a Gynaecologist from Community Health Centre,
Mawana, a nominated member, and a representative from Ipas
Development Foundation, Meerut, for a term of two years. However,
upon perusal of the affidavit dated 13.09.2023, the Court found that the
Board was largely ceremonial and ineffective in nature.
14. The affidavit filed by the S.S.P., Meerut, discloses that FIR
No.0080 of 2023 was registered under Sections 328, 506, and 376 IPC
read with Sections 3/4 of the POCSO Act, 2012 at P.S. Rohta on
11.06.2023. The victim was sent for medical examination at CHC Rohta

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Matters Under Article 227 No.8129 of 2023
on 12.06.2023, where she was found to be pregnant for approximately
22 weeks and 6 days. The victim was produced before the Child Welfare
Committee on 06.07.2023, and the Child Welfare Committee, on the
same day, directed that the victim be placed under the supervision of her
uncle, namely Sonu s/o Baru Singh. It was further directed that the
victim be properly taken care of and not be subjected to abortion. On the
same date, i.e., 06.07.2023, the A.C.J. (J.D.), Meerut, recorded the
statement of the victim under Section 164 Cr.P.C., wherein ‘she stated
that she did not wish to keep the child’.
(emphasis supplied)
II- APPREHENSIONS RAISED BY THE LEARNED AMICUS
CURIAE:
15. One member of the Medical Board constituted by CMO, Meerut
was posted at CHC Mawana, which is almost 20 km away from the
District Headquarters, thereby she raised doubts about the effective
functioning of the Board.
16. The credentials and professional profile of the resource person
appointed by CMO, who was apparently shown to be associated with
Ipas Development Foundation, had neither been displayed nor uploaded
on the Ipas Development Foundation website.
17. Upon visiting the Ipas Development Foundation's website, it was
observed that the NGO has its registered office in New Delhi and that
no such activity is carried out in Uttar Pradesh, even though the website
claims to have introduced the concept of Comprehensive Abortion Care
(CAC) in India.
18. Across the State, Medical Boards are neither constituted at the
district level nor, if constituted, they are functional.
19. The Sub Inspector, a Lady Constable posted at Police Station
Rohta, District Meerut and Counselor, and Social Worker attached with
the victim appeared to have not taken adequate steps in respect of the

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Matters Under Article 227 No.8129 of 2023
plight of the victim, thereby compelling her to approach the Court for
termination of the unwanted pregnancy after a delay of 54 days.
20. The Child Welfare Committee, Meerut, and the District
Magistrate, Meerut has not taken cognizance of the petitioner’s plight
despite this Court’s specific direction(s).
21. A conjoint reading of the affidavit dated 15.09.2023 filed by the
D.P.O., Meerut, and the affidavit dated 12.09.2023 filed by the
Chairman, CWC, Meerut, revealed that neither the Support Person nor
the Consultant had taken any steps to discharge the duties for which
they were appointed, nor had the Chairman taken stock of the situation.
III- DETAILS DIRECTED TO BE FURNISHED BY THE
PRINCIPAL SECRETARY, MEDICAL HEALTH AND FAMILY
WELFARE, UTTAR PRADESH: At the outset, a systematic denial of
medical termination services to child rape victims has been observed.
22. The first set of directions was issued vide order dated 21.09.2023
and includes: (i) Whether the statutory requirements of Section 3(2-D) of
the Medical Termination of Pregnancy Act, 1971 (as amended in 2021),
read with Rules 3 and 3A of the Medical Termination of Pregnancy
Rules, are complied with in all the districts of Uttar Pradesh, (ii) If yes,
then the copies of notifications issued by each district constituting a
Medical Board at the district level be furnished, (iii) Rules and
Regulations framed, if any, ensuring that every child victim of sexual
violence/aggression carrying an unwanted pregnancy was produced
before the Board, (iv) A copy of notification, if any, issued by the
department for comprehensive workshops or training programmes for
up-gradation of skills be furnished, and (v) Rules, if any, fixing
accountability on errant officers responsible for non-enforcement and
non-implementation of guidelines issued from time to time by
Constitutional Courts or statutory provisions be placed on record.
23. The second set of directions was issued vide order dated
09.11.2023 and includes: (i) Yearly district-wise details of unmarried
rape victims, including their age, produced before the Medical Boards

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Matters Under Article 227 No.8129 of 2023
constituted under the Medical Termination of Pregnancy Act, 1971 for
medical assistance since 2013, and (ii) District-wise details of medical
assistance provided to facilitate easy access to safe abortion and care in
cases of unmarried rape victims.
IV- DETAILS DIRECTED TO BE FURNISHED BY THE
PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT:
24. The first set of directions was issued vide order dated 21.09.2023,
and includes: (i) The scheme and statutory framework governing the
appointment of the Chairman and Members of the Child Welfare
Committee, along with the regulatory measures undertaken in that
regard, (ii) Whether any checklist, guidelines, or code of conduct
prescribing the "dos and don'ts" for the functioning of the Child Welfare
Committee has been formulated, so as to ensure accountability in cases
of non-application of mind or dereliction of duty by its Members, and
(iii) Whether any training programmes or institutional mechanisms has
been introduced for: (a) enhancement of emotional intelligence; (b)
capacity building and sensitization programmes; (c) innovation and
awareness generation activities; and (d) monitoring and evaluation at the
State and District levels- along with copies of relevant guidelines, Rules,
Regulations, Government Orders, or policy documents governing such
programmes be placed on record.
25. The second set of directions was issued vide order dated
09.11.2023, and includes: (i) Total number of support persons engaged in
each Child Welfare Committee, district-wise details in Uttar Pradesh,
and the number of cases assigned to each support person during the last
five years, year-wise, (ii) District-wise quantified data of the number of
cases dealt with by each Child Welfare Committee during the last five
years, (iii) Facilities and resources provided to the Child Welfare
Committees for discharge of their duties in consonance with the
objectives of the enactments under which they are constituted, (iv)
Details of homes/shelters in Uttar Pradesh for children born to minor

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Matters Under Article 227 No.8129 of 2023
rape victims, (v) The policy of the State Government regulating the care
and protection of children born out of rape, including compensation,
education, accommodation, and other incidental requirements necessary
to ensure a dignified life, (vi) The legal status of children born out of
rape in cases where both the biological mother and the offender have
abandoned the child- namely, whether such a child would be treated as a
victim or otherwise, (vii) The number of inspections/visits conducted by
the Principal Secretary, Department of Women and Child Development,
to children's homes for girls established for care, protection, treatment,
education, training, development, and rehabilitation during the last five
years.
V- DETAILS DIRECTED TO BE FURNISHED BY THE
DIRECTOR GENERAL OF POLICE, UTTAR PRADESH:
26. Details of FIRs registered in all police stations across the districts
during the last five years where pregnancies were detected in unmarried
child rape victims.
27. Details of cases in which such victims were produced before the
Medical Boards constituted under the Medical Termination of Pregnancy
Act, 1971 by the police authorities.
VI- FACTS AND FINDINGS EMERGING FROM THE AFFIDAVIT
OF THE PRINCIPAL SECRETARY, MEDICAL HEALTH AND
FAMILY WELFARE, UTTAR PRADESH- Systematic Denial of
Medical Termination Services to Child Rape Victims:
28. The Principal Secretary, Medical Health and Family Welfare, Uttar
Pradesh, filed two affidavits. The affidavit dated 31.10.2023 stated that,
in compliance with the provisions of Section 3(2-D) of the Medical
Termination of Pregnancy Act, 1971 (as amended in 2021), read with
Rules 3 and 3A of the Medical Termination of Pregnancy Rules, 2003
the State Government (Medical Education Department-I) issued a
Notification dated 10.08.2022 constituting a permanent Medical Board
under the Chairmanship of the Head of the Department of Obstetrics and
Gynaecology, KGMU, Lucknow.

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Matters Under Article 227 No.8129 of 2023
29. Besides the constitution of the aforesaid permanent Medical
Board, the State Government, vide Notification dated 10.06.2004, also
constituted a Medical Board in every district comprising three members
headed by the Chief Medical Officer, in accordance with Section 4(b) of
the Medical Termination of Pregnancy Act, 1971. District-Level
Committees have also been constituted. Further, the Central
Government, in exercise of powers conferred under Section 6 of the
Medical Termination of Pregnancy Act, 1971, framed the Medical
Termination of Pregnancy Rules, 2003. The amended Rules prescribe the
powers and functions of the Medical Board as well as the eligibility
criteria for termination of pregnancy. Under the amended framework, a
woman is eligible for termination of pregnancy up to 24 weeks.
30. The affidavit further disclosed that, for ensuring safe and effective
termination of pregnancies, a tripartite Memorandum of Understanding
was executed on 01.04.2023 at Lucknow between the Director General,
Family Welfare, Uttar Pradesh; the Mission Director, National Health
Mission, Uttar Pradesh; and the Ipas Development Foundation. Under
the said Memorandum, the Ipas Development Foundation is entrusted
with strengthening the capacity building of the State and its resources to
facilitate effective and easy access to safe abortion services in
furtherance of the amended Medical Termination of Pregnancy Act,
1971. It was further stated that approximately 1,200 doctors had been
trained by the Ipas Development Foundation up to the time of filing of
the affidavit.
31. In so far as fixing accountability of erring officers responsible for
non-implementation of guidelines issued from time to time by the
Constitutional Courts, or the statutory provisions contained in the
Medical Termination of Pregnancy Act, 1971 and the Rules framed
thereunder, is concerned, the affidavit disclosed that the Director
General, Family Welfare, Uttar Pradesh, issued a letter dated 17.02.2019
to all Chief Medical Officers of the State directing compliance with
3
orders passed by the Courts. This Court, in Snehlata Singh , observed
3
Snehlata Singh v. State of Uttar Pradesh, in PIL No.14588 of 2009, vide order dated 09.03.2018

11
Matters Under Article 227 No.8129 of 2023
that any laxity in implementing the provisions of the Medical
Termination of Pregnancy Act, 1971 and the Rules framed thereunder
shall be treated as the personal responsibility of the concerned Chief
Medical Officer, who shall be liable for appropriate action along with the
erring officials.
32. In response to the query raised by this Court as to whether the
Health Department has technical and procedural guidelines for safe
abortion services in cases of voluntary termination of pregnancy of rape
victims in Uttar Pradesh, the affidavit states that the Mission Director,
National Health Mission, Uttar Pradesh, vide Letter No. NHM/FP-
CAC/104/2021-22/6475-3 dated 10.01.2022, issued and circulated
detailed guidelines regarding safe abortion services to all State and
District Level Officers. Under the said guidelines, the upper gestational
limit for termination of pregnancy has been extended from 20 weeks to
24 weeks. Under special circumstances, termination beyond 24 weeks is
permitted for: (i) survivors of rape, sexual assault, or incest; (ii) minors;
(iii) change in marital status during pregnancy; (iv) women with physical
disabilities; (v) mental illness, including intellectual disability; (vi) foetal
abnormality posing substantial risk to life, or likelihood that the child, if
born, would suffer from serious physical or mental abnormality; and
(vii) humanitarian settings or disaster/emergency situations, as may be
notified by the Government.
33. Women falling in special categories- including survivors of rape or
sexual assault, disabled women, and other vulnerable groups- may seek
termination beyond the standard limit, up to 24 weeks, as per the
Medical Board's decision. A Medical Board constituted under Section
3(2-B) of the Act has been empowered to: (i) consider whether
continuation of the pregnancy poses a grave risk to the woman's life, or
whether the fetus is likely to suffer from serious abnormalities; (ii)
decide on termination of pregnancies beyond 24 weeks; (iii) seek
assistance of other specialists as required; and (iv) approve or reject
applications for termination. The major functions of the Medical Board
are to: (i) examine the pregnant woman and her reports referred under

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Matters Under Article 227 No.8129 of 2023
Section 3(2)(b); (ii) provide its opinion in Form-F (Medical Board's
Opinion Form) regarding approval or rejection within three days of
receiving the application; and (iii) ensure that once the Medical Board
advises termination, the procedure under Section 3(2)(b) is completed
within five days of the application date, with all due precautions.
34. The affidavit dated 26.11.2023, containing district-wise details
from 2013 to 2023 of unmarried rape victims produced before Medical
Boards under the Medical Termination of Pregnancy Act, 1971, placed
before this Court indicates a disturbing character that it demands the
most urgent judicial attention. The data reveals that child rape victims of
the most tender ages- an 11-year-old in Sultanpur in 2021; 12-year-old in
Ayodhya, Barabanki, Gautam Budh Nagar, Bulandshahr, and Lucknow;
and 13-year-old in Barabanki, Ghaziabad, Shahjahanpur, and Lucknow-
were produced before Medical Boards for termination of pregnancies
resulting from sexual assault.
35. The district-wise data further reveals that virtually every one of
the 106 cases recorded across 11 years involves a victim under 18 years
of age, confirming that these cases relate almost entirely to child sexual
assault resulting in pregnancy under the POCSO Act, 2012- with ages
ranging from 7 to 17 years recorded across districts including Lucknow,
Gautam Budh Nagar, Bulandshahr, Gorakhpur, Kaushambi, Jalaun,
Raebareli, Meerut, Varanasi, Pratapgarh, Ghaziabad, Hapur, Mahoba,
Mainpuri, Moradabad, Chandauli, Etah, Jhansi, Agra, and Badaun.
36. This data, devastating as it is, almost certainly represents a severe
under-count of the true scale of child rape and resultant pregnancies
across the State. The surge of cases in 2023- with Lucknow recording 12
cases and Gautam Budh Nagar recording 13 cases in a single year- is
demonstrably litigation-driven rather than reflective of any genuine
institutional improvement, coinciding as it does with the bulk
reconstitution of District-Level Committees in October 2023, triggered
by the present proceedings. This indicates that child rape victims in
earlier years, including those aged between 7 and 13, received no

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Matters Under Article 227 No.8129 of 2023
Medical Board referral and no formal medical termination of pregnancy
services, owing to the State's administrative machinery simply not
functioning, and it began functioning, even minimally, only under the
compulsion of judicial oversight.
37. For the entire State of Uttar Pradesh, with a population of
approximately 24 crores, only 106 procedures were performed under the
formal Medical Board framework over 11 years- fewer than 10 per year
across 75 districts- a figure so starkly disproportionate to the
documented scale of child sexual violence in the State. A systematic and
sustained violation of the fundamental rights of child rape victims
enshrined under Article 21 of the Constitution, Section 39 of the POCSO
Act, Section 3(2)(b) of the Medical Termination of Pregnancy Act as
amended in 2021, and the directions of the Supreme Court of India in X
v. Principal Secretary, Health and Family Welfare Department, NCT of
Delhi (supra) has been observed across the State.
VII- FACTS AND FINDINGS EMERGING FROM THE AFFIDAVIT
OF THE PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN
AND CHILD DEVELOPMENT, GOVERNMENT OF UTTAR
PRADESH- Systematic Denial of Statutory Rights of Children in Need
of Care and Protection:
38. The affidavit dated 02.11.2023 affirms that the appointment of the
Chairperson and Members of the Child Welfare Committee is carried out
in accordance with the Juvenile Justice (Care and Protection of Children)
Model Rules, 2016, framed by the Central Government, and the Uttar
Pradesh Juvenile Justice (Care and Protection of Children) Rules, 2019,
read with Sections 27(1) and 27(2) of the Juvenile Justice (Care and
Protection of Children) Act, 2015. Rule 15 prescribes the composition
and qualifications of the Members of the Committee, while Rule 87
provides for the selection criteria and composition of the Selection
Committee.
39. The affidavit further states that the State Government, vide
Notification dated 16.11.2018, constituted a Selection Committee under

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Matters Under Article 227 No.8129 of 2023
the Chairmanship of a Hon'ble Senior Judge (Retired) of the High Court
of Judicature at Allahabad for the selection of Chairpersons and
Members of the Child Welfare Committees for all 75 districts of Uttar
Pradesh. The last selection by the said Committee was conducted on
23.07.2021. Insofar as regulatory measures are concerned, the
mechanism is provided for under Sections 27(8) and 27(10) of the
Juvenile Justice (Care and Protection of Children) Act, 2015. It is further
averred that Sections 27 to 40 of the Act, read with Rules 16, 17, 18, 19,
and 20 of the Juvenile Justice (Care and Protection of Children) Model
Rules, 2016, lay down the powers, functions, responsibilities, and other
relevant aspects pertaining to the functioning of the Child Welfare
Committee.
40. The compliance affidavit further states that the Department of
Women and Child Development, Government of Uttar Pradesh,
organizes various online and offline training programmes from time to
time for sensitization and capacity building of the Chairpersons and
Members of the Child Welfare Committees. It is stated that: (i) during
October and November 2021, a training programme was organized in
collaboration with the National Institute of Public Cooperation and Child
Development (NIPCCD), Regional Centre, Lucknow, for the
Chairpersons and Members of the Child Welfare Committees; (ii) during
February, March, June, and July 2022, online training programmes were
organized for sensitization and enhancement of emotional intelligence of
the Chairpersons and Members of the Child Welfare Committees, with
the assistance of NIPCCD, Lucknow, in collaboration with the National
Institute of Mental Health and Neuro-Sciences (NIMHANS), Bangalore,
and the Women and Child Security Organization (WCSO); and (iii)
during February, March, April, and May 2023, offline training
programmes were conducted in batches for the Chairpersons and
Members of the Child Welfare Committees.
41. Being dissatisfied with the affidavit dated 02.11.2023, this Court,
vide order dated 09.11.2023, directed the Principal Secretary,
Department of Women and Child Development, Uttar Pradesh, to file a

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Matters Under Article 227 No.8129 of 2023
comprehensive affidavit furnishing the details delineated in paragraph 5
of the aforesaid order. In compliance therewith, the affidavit dated
27.11.2023 explained that Support Persons are experienced and qualified
individuals with substantial knowledge in the fields of child welfare,
sociology, and psychology, and are appointed on a case-by-case basis.
Support Persons are selected by a Committee comprising: (i) the District
Magistrate; (ii) the Secretary, District Legal Services Authority, or his
nominee; (iii) the District Probation Officer/District Child Protection
Officer; (iv) the Chairperson/Members of the Child Welfare Committee;
and (v) a representative from an NGO or Educational Institution.
42. On a critical examination of the data, it emerges that there has
been an explosive rise in cases coming before Child Welfare Committees
over the last five years (from 2018-19 to 2022-23) against a backdrop of
chronically insufficient Support Persons, revealing a system in crisis.
The five-year trend in the total number of cases presented before Child
Welfare Committees across Uttar Pradesh reveals a deeply concerning
trajectory that demands urgent judicial and administrative attention.
43. In the year 2018-19, a total of 14,857 cases were placed before
CWCs across the State, which marginally declined to 14,760 in 2019-20,
and further depressed the figure to 10,554 in 2020-21. However, this
apparent decline must not be misread as an improvement in child
welfare, it almost certainly reflects a collapse in case registration and
reporting during the pandemic period, rather than any genuine reduction
in child distress or need for protection. The true scale of the problem
became starkly visible in the post-pandemic years: cases surged to
19,556 in 2021-22, representing an 85% single-year increase over 2020-
21, and climbed further to 28,351 in 2022-23- the highest figure in the
five-year period and a 91% increase over 2018-19.
44. This upward trajectory, far from reflecting improved reporting
alone, signals a genuine and accelerating crisis in child welfare across
the State. Read alongside the chronically insufficient number of Support
Persons available during the same period, these figures paint a picture of

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Matters Under Article 227 No.8129 of 2023
a child protection system that is structurally overwhelmed, under-
resourced, and failing in its fundamental statutory duty to every child
brought before a Child Welfare Committee in Uttar Pradesh.
45. The Juvenile Justice (Care and Protection of Children) Act, 2015,
and the Juvenile Justice (Care and Protection of Children) Model Rules,
2016, mandate that every child brought before a Child Welfare
Committee is entitled to: (i) a Support Person to assist and guide them
through the proceedings; (ii) prompt, child-friendly, and dignified
handling of their case; and (iii) disposal of the case within four months,
in terms of Section 37 of the Juvenile Justice (Care and Protection of
Children) Act, 2015.
46. Section 39 of the Protection of Children from Sexual Offences
Act, 2012, further mandates that there shall be a dedicated Support
Person for every child victim of a sexual offence. The Supreme Court of
4
India, in Nipun Saxena v. Union of India , has strongly emphasized the
State's duty to appoint adequate number of Support Persons.
47. The most alarming finding emerging from the data is the
catastrophic mismatch between the number of cases brought before
Child Welfare Committees and the number of Support Persons available
across the State. In 2018-19, each Support Person was nominally
responsible for 275 cases. Even in 2022-23, which represents a
comparatively improved year, each Support Person bore responsibility
for over 52 cases- rendering genuine, individualized, child-friendly
support a complete legal fiction. The total number of cases presented
before Child Welfare Committees increased by 91% between 2018-19
and 2022-23, rising from 14,857 to 28,351, while Support Persons
increased only ten-fold from a negligible base of 54- a figure still wholly
inadequate for a State of Uttar Pradesh's size and population.
48. A cross-analysis of cases against Support Persons for the year
2022-23 in the most critical districts reveals even a graver picture.
Gorakhpur is the single most alarming district, with 1,142 CWC cases
4
(2019) 2 SCC 703

17
Matters Under Article 227 No.8129 of 2023
and only 2 Support Persons, meaning each Support Person is nominally
responsible for 571 children simultaneously- a situation that amounts not
merely to inadequacy but to a complete absence of support in practical
terms. Lucknow, the State capital and administrative headquarters,
recorded 1,632 cases with only 3 Support Persons, yielding 544 cases
per Support Person, demonstrating that even the best-administered
district in the State has failed to implement the statutory mandate. Other
districts present an equally grim picture: Prayagraj recorded 863 cases
with only 2 Support Persons (432 cases per SP); Kannauj recorded 610
cases with only 2 Support Persons (305 cases per SP); Varanasi recorded
913 cases with only 3 Support Persons (304 cases per SP); Gautam Budh
Nagar recorded 944 cases with 3 Support Persons (315 cases per SP);
and Lakhimpur Kheri recorded 619 cases with only 2 Support Persons
(310 cases per SP). Most critically, Auraiya district recorded 324 active
cases with zero Support Persons- leaving every child before the CWC
entirely without statutory support.
49. The data further reveals that several districts reported zero cases
before the Child Welfare Committee for one or more consecutive years,
despite being substantially populated districts- a pattern that is highly
misrepresented and demands explanation. Mathura, Hathras, and
Azamgarh each recorded zero cases for three consecutive years from
2018-19 to 2020-21; Azamgarh then recorded 500 cases in 2022-23, and
Auraiya, similarly dormant for three years, recorded 324 cases in the
same year. Gonda recorded zero cases in 2018-19, followed by a sudden
appearance of cases thereafter, while Bahraich recorded zero cases for
2018-19 and 2019-20, followed by 210 cases in 2020-21. Zero cases in a
district is not evidence of the absence of child welfare issues. It is
evidence of non-registration of cases, administrative failure, or
deliberate suppression of data. The sudden and dramatic jumps in several
districts strongly suggest prior under-reporting rather than any genuine
absence of cases. Badaun district additionally shows "NA" for both
2021-22 and 2022-23, meaning no data was submitted for two

18
Matters Under Article 227 No.8129 of 2023
consecutive years. Again a failure that is itself a matter of serious
concern.
50. The situation becomes even more alarming when the cases
actually assigned to Support Persons are examined against the total
CWC caseload in individual districts. In Gorakhpur, out of 1,142 CWC
cases in 2022-23, only 75 were assigned to Support Persons, leaving
1,067 children unserved. In Lucknow, out of 1,632 cases, only 51 were
assigned, leaving 1,581 unserved. In Prayagraj, out of 863 cases, only 11
were assigned, leaving 852 unserved. In Chandauli, all 956 cases
proceeded without any Support Person assignment whatsoever. In
Varanasi, all 913 cases similarly proceeded without any Support Person.
In Auraiya, despite there being no Support Person at all, 48 cases were
nominally recorded as assigned- a figure that is itself inexplicable and
raises further data integrity concerns. This cross-analysis establishes that
in virtually every district, the actual number of cases assigned to Support
Persons is a negligible fraction of the total CWC caseload, meaning
thereby the overwhelming majority of children appearing before Child
Welfare Committees are proceeding without any Support Person at all.
51. On a consolidated examination of the data, it emerges that the
State authorities have failed to function in accordance with the
applicable legal provisions. The mandate of Section 39 of the POCSO
Act, 2012, requiring the State to provide a Support Person to every child
victim, remains systematically unfulfilled. Rule 4 of the POCSO Rules,
2020, requiring immediate arrangement of a Support Person upon
registration of a case, is structurally impossible to comply with given the
present numbers. Section 27(10) of the Juvenile Justice (Care and
Protection of Children) Act, 2015, which requires the Child Welfare
Committee to ensure the best interests of the child is protected.
52. Section 37 of the Juvenile Justice Act, which mandates disposal of
cases within four months, is rendered difficult to comply with owing to
the inadequate support infrastructure. The directions of the Supreme

19
Matters Under Article 227 No.8129 of 2023
Court of India in Nipun Saxena (supra), on child-friendly procedures and
Support Person appointment, are being violated at scale across the State.
53. As per the guidelines of the Mission Vatsalya Scheme dated
05.07.2022, formulated by the Government of India, each Member of the
Child Welfare Committee is paid Rs.2,000/- per sitting, subject to a
maximum of 20 sittings for which bills may be raised. Each Child
Welfare Committee has been provided with an Assistant-cum-Data Entry
Operator, while other requirements are to be fulfilled by the Protection
Officer of the District Child Protection Unit. The Child Welfare
Committees have also been provided with office space equipped with
furniture, computers, printers, internet facilities, and other necessary
logistic support as and when required. There are 23 Child Care
Institutions maintained by the State Government and 87 institutions
operated by Non-Governmental Organizations. Besides Government
Child Homes (Shishu) and separate Government Homes for girls and
boys, five Government Specialized Adoption Agencies are functioning in
the State. The Child Care Institutions are categorized according to age
groups, namely: (i) children between 0 to 5 years of age; (ii) children
between 6 to 10 years of age; and (iii) girls and boys between 10 to 18
years of age.
54. The affidavit clarifies that children, including newborn babies,
who are either surrendered or abandoned by rape victims or their
families, are provided shelter in Child Care Institutions upon
intervention by the Child Welfare Committee. Such children are
provided with all necessities, protection, and an environment conducive
to their holistic development, including free education, medical facilities,
food, and skill development programmes. The affidavit further clarifies
that children born to rape victims, or children abandoned or surrendered
by such victims, are treated as "children in need of care and protection"
in accordance with Section 2 of the Juvenile Justice (Care and Protection
of Children) Act, 2015.

20
Matters Under Article 227 No.8129 of 2023
55. The affidavit further states that Child Care Institutions are
regularly inspected and visited by various authorities and committees. In
addition to the Juvenile Justice Committee of the Allahabad High Court,
comprising Hon'ble Judges, and committees constituted by the District
Judge, the following inspection mechanisms are in place: (i) the State
Inspection Committee conducts surprise inspections; (ii) committees
nominated by the Commissioner conduct annual inspections; (iii)
committees nominated by the District Magistrate conduct monthly
inspections; (iv) the District Level Inspection Committee conducts
inspections once every three months; (v) the District Probation Officer
conducts inspections fortnightly; (vi) the Child Welfare Committee
conducts inspections twice a month; and (vii) the Superintendent of the
Child Care Institution conducts inspections twice daily. A point-wise
agenda containing 12 parameters has been formulated for the aforesaid
inspections.
56. The inspection agenda prescribed by the State for Child Care
Institutions purports to cover 12 inspection points. A critical examination
of this agenda, however, reveals that it is fundamentally inadequate,
structurally deficient, and fails to comply with the mandatory
requirements of the Juvenile Justice (Care and Protection of Children)
Act, 2015, the JJ Model Rules, 2016, the POCSO Act, 2012, and the
NCPCR Guidelines on Child Care Institutions. The deficiencies in each
point may be briefly noted as follows.
56.1 A building inspection should check more than just ownership or
rental status. It must also verify structural safety, fire certificates,
minimum space requirements for children, and whether rented premises
offer security of tenure. NGO registration checks must confirm whether
the registration is current and whether every child is held under a valid
legal order. Without this, cases of illegal detention or trafficking can go
undetected.
56.2 Identifying overcrowding is important, but relying solely on
Aadhaar cards to count children is problematic. Many trafficked or

21
Matters Under Article 227 No.8129 of 2023
remote-area children do not have Aadhaar. Dormitories must also be
checked for proper separation by age, gender, and case type. Food
quality checks must go beyond surface observation. They must verify
nutritionist-approved menus, individual dietary needs, and whether
children can raise food-related complaints.
56.3 Security checks must do more than note the presence of guards.
They must confirm whether female guards are posted in girls' homes,
whether staff have passed background and police verification, and
whether night-time and emergency protocols exist. CCTV coverage must
be carefully regulated. Cameras must be strictly prohibited in girls
bathrooms, sleeping areas, and changing rooms. Clear rules on who
monitors footage and how long it is retained are essential.
56.4 Individual Care Plans must not merely exist on paper. They must
be prepared within fifteen days, involve the child in the process, and
show evidence of actual implementation. School enrollment checks must
verify age-appropriate placement, access for children with disabilities,
and availability of bridge courses for those with interrupted education.
56.5 Skill training must lead to recognized certification and align with
each child's reintegration plan. Staff checks must go beyond counting
numbers. Qualifications, background verification, prescribed staff-to-
child ratios, and mandatory training under the POCSO and JJ Acts must
all be verified. Female-only staff must be confirmed in girls' homes.
56.6 Children held in observation homes for petty offences must not be
overlooked. Each case must be reviewed for bail eligibility, legal aid,
and compliance with maximum detention periods. They must also be
kept separate from children accused of serious offences.
56.7 Children who have spent six months or more in institutional care
represent the gravest failure of the child protection system. Their
situation demands far more than a brief report. Specific barriers to
restoration must be identified. Family counseling efforts must be
verified. Foster care, adoption, and the role of the Sponsorship and
Foster Care Approval Committee must all be actively considered.

22
Matters Under Article 227 No.8129 of 2023
57. Beyond the deficiencies within individual points, several critical
inspection areas are entirely absent from the agenda. The agenda
contains no provision for medical health check-ups or healthcare access
for resident children, despite Rule 29(3) of the JJ Model Rules
mandating the same. Mental health assessment and counseling services,
required under Section 53 of the JJ Act and NCPCR Guidelines, are
entirely unaddressed. There is no requirement to verify the existence of a
child-accessible grievance mechanism against staff, mandated under
Rule 73, nor any reference to Children's Committees through which
children participate in institutional management under Rule 40.
58. The agenda contains no requirement to examine records of
incidents of abuse, punishment, or staff misconduct- a critical gap given
that Section 75 of the JJ Act criminalizes cruelty to children in
institutional care and Section 82 prohibits corporal punishment. The
status of family reconciliation efforts for surrendered children under
Section 35, pending adoption or foster care cases for long-stay children
under Chapter VIII, and compliance with the prohibition on solitary
confinement under Rule 76, are all absent. Finally, there is no suicide or
self-harm prevention protocol verification, despite specific NCPCR
Safety Guidelines on the subject.
59. The affidavit also sets out certain deficiencies noticed and
suggestions made during inspections, which do not require detailed
examination by this Court at this stage. However, the details relating to
inspections conducted by the Principal Secretary, Department of Women
and Child Development, Uttar Pradesh, of Child Care Institutions during
the past five years disclose a return of "NIL"- that is, the Principal
Secretary conducted no inspections whatsoever during this period.
60. Inspection records for Girls' Child Care Homes across Uttar
Pradesh over five years reveal a near-total failure of senior-level
oversight. The Principal Secretary of the Department of Women and
Child Development is the highest officer legally responsible for
inspecting Girls' Homes. Over five years, this officer conducted fewer

23
Matters Under Article 227 No.8129 of 2023
than ten inspections across the entire State. Uttar Pradesh has 75 districts
and thousands of girl children in institutional care. This level of
oversight is not merely inadequate. It amounts to a near-complete
abandonment of the legal duty imposed under Section 54 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 and Rule 64 of the JJ
Model Rules, 2016.
61. The majority of districts recorded zero inspections over the entire
five-year period. This includes some of the most populous, urbanized,
and administratively important districts in the State. Districts with
operational Girls' Homes that were never inspected even once include
Azamgarh, Ballia, Prayagraj, Kaushambi, Pratapgarh, Meerut,
Saharanpur, Shamli, Bijnor, Amroha, Sambhal, Gorakhpur, Deoria,
Maharajganj, Basti, Sant Kabir Nagar, Jhansi, Lalitpur, Sonbhadra,
Chitrakoot, Hamirpur, Mahoba, Banda, Shahjahanpur, Lakhimpur Kheri,
Bahraich, and Shravasti.
62. Barabanki recorded only one inspection in five years. Kanpur
recorded only three. Lucknow, the State capital and the best-performing
district, recorded just six inspections over five years. This averages to
barely one visit per year.
63. These figures establish beyond doubt that the legal mandate of
regular and rigorous senior-level inspection has been reduced to nothing
across virtually the entire State. Such inspections are the single most
critical safeguard against abuse, exploitation, and trafficking of girl
children in institutional care. This failure is in direct violation of the JJ
Act, 2015, the JJ Model Rules, 2016, and the NCPCR Guidelines on
Child Care Institutions. It also disregards the repeated directions of the
Supreme Court of India issued after the Muzaffarpur shelter home
tragedy. In that case, the absence of exactly this kind of senior oversight
allowed years of systematic sexual abuse of girl children to go
undetected and unpunished.

24
Matters Under Article 227 No.8129 of 2023
VIII- FACTS AND FINDINGS EMERGING FROM THE AFFIDAVIT
FILED BY THE DIRECTOR GENERAL OF POLICE, UTTAR
PRADESH:
64. In response to the information sought from the office of the
Director General of Police regarding the number of cases in which
pregnancies were detected in unmarried child rape victims during the
last five years, the affidavit reveals that 525 such cases were reported
across the State of Uttar Pradesh. The zone-wise distribution of these
cases discloses a pattern of institutional failure that extends across both
rural and urban areas of the State.
65. The Lucknow Zone recorded the highest concentration of cases in
the State, with 115 cases accounting for 21.9% of the State total. Within
this zone, Sitapur and Unnao each recorded 20 cases, Raebareli 15,
Hardoi 14, and Lakhimpur Kheri 10, with Lucknow Urban contributing
a further 17 cases and the Ayodhya sub-zone adding 36. It categorically
dispels any notion that this is a problem of rural neglect alone and
demonstrates institutional failure at the very heart of the State's
administrative apparatus. Unnao's 20 cases are especially alarming,
given its documented history as a persistent flashpoint for crimes against
women and children.
66. The Prayagraj Zone recorded 96 cases, constituting 18.3% of the
State total, with Pratapgarh alone accounting for 29 cases- the highest
figure for any single district in the entire State. Pratapgarh
simultaneously reported 385 CWC cases in 2022-23 with only 6 Support
Persons, exemplifying the combination of high vulnerability and
critically low support infrastructure. Fatehpur contributed 26 cases,
Chitrakoot 16, and Kaushambi 10. Chitrakoot's 16 cases from a small,
economically backward, and tribal-dominated district signal the
disproportionate vulnerability of marginalized populations.
67. Urban Commissionary areas across the State collectively
accounted for 106 cases- fully one in five of all cases statewide-
establishing beyond argument that this crisis is as much an urban as a

25
Matters Under Article 227 No.8129 of 2023
rural phenomenon. Cases were reported across all seven major Urban
Commissionary areas, including Prayagraj with 22 cases, Lucknow and
Ghaziabad each with 17, Varanasi with 15, Gautam Budh Nagar with 13,
Agra with 12, and Kanpur Nagar with 10.
68. The remaining zones contributed as follows: the Bareilly Zone
recorded 52 cases (9.9%), with Sambhal contributing 16 and
Shahjahanpur 12; the Kanpur Zone recorded 37 cases (7.0%), with
Kanpur Dehat contributing 13 and Etawah 6; the Agra Zone recorded 34
cases (6.5%), with Aligarh contributing 11 and Mathura and Firozabad 8
each; the Meerut Zone recorded 31 cases (5.9%), with Meerut
contributing 8 and Hapur 5; the Gorakhpur Zone also recorded 31 cases
(5.9%), with Bahraich contributing 15 and Gonda 6; and the Varanasi
Zone recorded 23 cases (4.4%), with Ghazipur contributing 9 and
Chandauli 7.
69. The most alarming finding in the entire dataset is not where cases
are high- it is where they are inexplicably zero. Gorakhpur city, the
largest city in eastern Uttar Pradesh, recorded zero cases despite having
the highest CWC caseload in the entire State, namely 1,142 cases in
2022-23, with only 2 Support Persons. Similarly, Mau, Ballia,
Sonbhadra, and Bhadohi each recorded zero cases despite significant
CWC caseloads. The only credible explanations- each deeply troubling-
are failure of access to justice, fear and suppression of victims and their
families, or systematic non-registration of cases by local authorities.
70. The gap between institutional Child Welfare Committee caseloads
and the number of cases registered across key districts reveals an acute
and systemic failure of access to justice that strikes at the very
foundations of the child protection framework. Gorakhpur, which
recorded the highest CWC caseload in the entire State at 1,142 cases in
2022-23, reflects zero registered cases of pregnancy in unmarried child
rape victims. Lucknow, with 1,632 CWC cases, accounts for only 17
such registered cases. Chandauli, with 956 CWC cases, is represented by
a mere 7; Bulandshahr, with 732 cases, by only 3; while Maharajganj,

26
Matters Under Article 227 No.8129 of 2023
Mau, Sonbhadra, and Ballia- with CWC caseloads of 580, 245, 271, and
334 respectively- contribute absolutely zero cases despite their
substantial and documented child welfare burdens. This cross-analysis
establishes that the 525 cases placed before this Court represent only the
most visible portion of a vastly larger crisis of child rape, institutional
failure, and unremedied suffering. The true number of unmarried child
rape victims who became pregnant and received no meaningful
institutional support, medical care, or legal redress is immeasurably
greater than the number registered with the police. What this data reveals
is a deeply troubling inverse relationship between vulnerability and legal
access- the districts bearing the most acute child welfare crises, the most
overwhelmed Child Welfare Committees, and the most inadequate
support infrastructure are precisely those where victims and their
families are least able to approach the courts, least informed of their
rights, and most susceptible to fear, suppression, and administrative
indifference. This structural inequity demands the most urgent and far-
reaching systemic intervention by this Court.
IX- FACTS AND FINDINGS EMERGING FROM THE AFFIDAVIT
FILED BY THE CHAIRMAN, NATIONAL COMMISSION FOR
PROTECTION OF CHILD RIGHTS:
71. While hearing the issues raised in the present petition and having
come across several connected and incidental concerns, this Court
requested the Member Secretary, National Commission for Protection of
Child Rights, to furnish the Commission's comments, suggestions, and
observations, with the objective of seeking its insight for arriving at a
logical conclusion. The affidavit filed by the Chairman, NCPCR, sets
forth the Commission's stand and sheds light on the issues involved from
a multidimensional perspective.
72. The affidavit records that the NCPCR is a statutory body
constituted under Section 3 of the Commissions for Protection of Child
Rights Act, 2005, and is entrusted with monitoring the proper and
effective implementation of the Protection of Children from Sexual

27
Matters Under Article 227 No.8129 of 2023
Offences Act, 2012, the Juvenile Justice (Care and Protection of
Children) Act, 2015, and the Right of Children to Free and Compulsory
Education Act, 2009. It is further mandated under Section 13(1)(j) of the
Commissions for Protection of Child Rights Act, 2005, to take suo motu
cognizance of matters relating to deprivation and violation of child
rights. The Commission is committed to ensuring child welfare,
strengthening institutional mechanisms, promoting decentralization at
the community level, and fostering greater social concern towards child
rights.
73. The affidavit further records that the NCPCR has formulated
training modules for Child Welfare Committees and has advised the
Government of Uttar Pradesh to conduct organized training programmes,
orientation courses, and capacity building programmes for the
Chairpersons and Members of Child Welfare Committees. The affidavit
clarifies that the role of Support Persons, as envisaged under the POCSO
Rules, 2020, is crucial in ensuring the protection and care of child
victims. The Hon'ble Supreme Court, vide order dated 18.08.2023,
5
passed in Bachpan Bachao Andolan v. Union of India , directed the
NCPCR to formulate Model Guidelines with respect to Support Persons
in consultation with the State Governments and Union Territories, and
further directed the States and Union Territories to frame Rules based
upon such Model Guidelines. It is stated that after consultative meetings
and deliberations with various stakeholders, including Non-
Governmental Organizations, the NCPCR was under process for
finalization of the Model Guidelines at the time of filing of the said
affidavit.
74. In discharge of its monitoring and implementation role under the
POCSO Act, 2012, the NCPCR has developed a dedicated portal for
real-time tracking of cases involving child sexual abuse victims, along
with monitoring of the release of compensation and rehabilitation
measures for their care and protection. The portal operates in five stages:
collection of details of the child; preparation of a Social Investigation
5
(2023) 9 SCC 133

28
Matters Under Article 227 No.8129 of 2023
Report containing details regarding the requirement of a Support Person,
translator, and other individual needs of the child; formulation of a
rehabilitation plan linked with compensation and welfare schemes; and
culminating in the preparation of a comprehensive report, which is
thereafter transmitted to the District Legal Services Authority for further
action.
75. The affidavit further discloses that, on the POCSO Tracking Portal
maintained by the NCPCR, only 129 cases from the State of Uttar
Pradesh had been uploaded till the date of filing. During an inter-
departmental review meeting held on 15.12.2023, the State of Uttar
Pradesh informed the NCPCR that 227 Support Persons had been
appointed, of whom 190 belonged to Government Departments and the
remaining 37 to Non-Governmental Organizations. It is pertinent to note
that this figure of 227 is significantly lower than the figure of 538
Support Persons stated in the affidavit filed by the Principal Secretary,
Department of Women and Child Development- a discrepancy that itself
raises serious questions regarding the reliability of the data placed before
this Court.
76. The affidavit filed on behalf of the NCPCR contains several
substantive suggestions. First, a child victim must mandatorily be
produced before the Child Welfare Committee at the earliest opportunity
and without any delay. If the Child Welfare Committee arrives at a
subjective satisfaction that the child should be removed from the family
or shared household, the child should be immediately placed in a shelter
home, keeping in mind her best interests.
77. Second, where a child is a victim of an offence under the POCSO
Act and is found to be pregnant, the provisions of Rule 6 of the POCSO
Rules, 2020 shall be invoked, and the child shall be produced before a
medical practitioner for counseling of the child, her parents or guardians,
or the Support Person, regarding the various lawful options available
under the Medical Termination of Pregnancy Act, 1971 and the Juvenile

29
Matters Under Article 227 No.8129 of 2023
Justice (Care and Protection of Children) Act, 2015, as amended from
time to time.
78. Third, Section 19(6) of the POCSO Act mandates that the local
police or the Special Juvenile Police Unit shall produce the child before
the Child Welfare Committee within 24 hours of recording the report,
and the Child Welfare Committee shall take immediate steps to
safeguard and protect the rights of the child.
79. Fourth, in cases where the pregnancy cannot be terminated for
medical or other reasons, the child victim and her family should be
counselled to enable the child to carry the pregnancy in her best interest
and to secure proper healthcare. The victim and her family should also
be informed about welfare and rehabilitation schemes framed by the
Government, as well as the adoption policy relating to the newborn
child, particularly in cases where the victim is a minor and is not
mentally, physically, or financially capable of caring for the child. In
cases where the minor mother agrees to surrender the newborn child for
adoption, she may also be apprised of the provisions of Section 7(8) of
the Adoption Regulations, 2022.
80. Fifth, the Social Investigation Report and Individual Care Plan of
the victim should be prepared strictly having regard to her social,
psychological, and behavioural profile, along with her specific needs and
requirements, and should comprehensively address all aspects related to
her growth, dignity, and legal rights.
81. Sixth, a comprehensive report relating to compliance with the
provisions of Section 45 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, benefits available under the Mission Vatsalya
Scheme, other State-sponsored schemes, initiation of the process for
declaring the child legally free for adoption, and the Social Investigation
Report and Individual Care Plan of the victim, should be forwarded to
the Special Judge, POCSO Court, with a copy to the District Magistrate
for periodic supervision, ensuring effective compliance in the best
interest of the victim and the newborn child, particularly in cases where

30
Matters Under Article 227 No.8129 of 2023
a minor victim under the POCSO Act conceives an unwanted pregnancy
and gives birth to a child as a consequence of the offence committed
upon her.
X- SUBMISSIONS OF THE LEARNED AMICUS CURIAE:
82. Ms. Vijeta Singh, learned Amicus Curiae, submitted that the
victim was a minor at the time of the unfortunate incident, that both the
victim and her mother were of unsound mind, and that the biological
father of the victim had abandoned the family nearly ten years prior to
the incident. The victim, her mother, and younger brother were being
looked after by the victim's grandfather, who approached this Court
seeking directions for termination of the victim's pregnancy. It was
further submitted that after the FIR was registered on 11.06.2023, the
victim was produced for medical examination at the Community Health
Centre, Rohta, on 12.06.2023, and her statements under Sections 161
and 164 Cr.P.C. were recorded by the Additional Civil Judge (Junior
Division) on 06.07.2023.
83. It was further submitted that the petitioner had submitted a request
before the Chief Medical Officer, Meerut, on 05.07.2023 seeking
termination of the pregnancy, but the same was not entertained.
Thereafter, the petitioner filed an application before the Additional
District and Special Judge (POCSO) on 19.07.2023, seeking a direction
to the Chief Medical Officer, Meerut, to terminate the pregnancy. The
Reader of the Court returned the said application with an endorsement
directing the petitioner to approach this Court for appropriate directions.
It was under these circumstances that the petitioner approached this
Court.
84. It was further submitted that the Chief Medical Officer, Meerut,
acted negligently in discharging the duties and responsibilities entrusted
to him under the Medical Termination of Pregnancy Act, 1971, read with
the relevant provisions of the POCSO Act, 2012, and the Rules framed
thereunder. No Medical Board existed in compliance with the statutory
requirement under Section 3(2-D) of the Medical Termination of

31
Matters Under Article 227 No.8129 of 2023
Pregnancy Act, 1971, and the State Government Notification dated
10.06.2004, issued for the constitution of Medical Boards in accordance
with Section 4(b) of the said Act, had not been complied with by the
Chief Medical Officer, Meerut.
85. It was also submitted that the Chairperson and Members of the
Child Welfare Committee, Meerut, acted negligently and insensitively in
the discharge of their duties and responsibilities under the Juvenile
Justice (Care and Protection of Children) Act, 2015, and the Rules
framed thereunder. The Support Person attached to the victim was
unprofessional and unqualified and therefore failed to understand the
victim's needs and requirements during the crucial period. The entire
administrative machinery- including the constitution and functioning of
the Child Welfare Committee, the appointment of Support Persons, the
office of the Chief Medical Officer, and the judicial officer who recorded
the statement of the victim- acted in a highly irresponsible and
insensitive manner, resulting in a delay of 54 days before the matter was
brought before this Court.
86. The learned Amicus Curiae further submitted that the "Guidelines
and Protocols: Medico-Legal Care for Survivors/Victims of Sexual
Violence" issued by the Ministry of Health and Family Welfare,
Government of India, had not been implemented in their true spirit by
the concerned authorities, and that the Chief Medical Officer, Meerut,
had not followed the circular dated 10.01.2022 issued by the National
Health Mission. It was further pointed out that after the year 2003, the
Medical Board at Lucknow had been reconstituted 12 times, whereas in
other districts Medical Boards had been reconstituted only once or
twice- in complete disregard of the mandate of the Medical Termination
of Pregnancy Act, 1971.
87. The scale and magnitude of non-compliance with the provisions of
the Medical Termination of Pregnancy Act, 1971, and the related
provisions of the POCSO Act, 2012, and the Juvenile Justice (Care and
Protection of Children) Act, 2015, are demonstrated by data indicating

32
Matters Under Article 227 No.8129 of 2023
that between 1st June 2016 and 3rd February 2018, out of 74 rape
survivors, 23 were denied permission for termination of pregnancy by
the Medical Board. Of these 23 victims, 13 were compelled to approach
the Courts through human rights lawyers, even though their pregnancies
were below 20 weeks.
88. It was further submitted that one of the major difficulties faced by
rape victims in India is the delay in detection and reporting of pregnancy,
as a result of which victims reach an advanced stage of pregnancy and
are consequently subjected to severe mental agony and physical trauma.
The reasons for such delay include lack of awareness, delay in reporting
the offence, and inconsistent implementation of the provisions of the
Medical Termination of Pregnancy Act, 1971, and the Juvenile Justice
(Care and Protection of Children) Act, 2015. In many cases, the victim
either does not understand or remains unaware of the pregnancy until it
reaches an advanced stage. The Chief Medical Officer, the police
authorities, the Chairperson and Members of the Child Welfare
Committee, and the concerned judicial officers fail to discharge their
duty of educating and counseling the victim of sexual assault at the
earliest stage.
89. It was further contended that there exists no effective
accountability mechanism to assign responsibility to Chief Medical
Officers, Chairpersons and Members of the Child Welfare Committees,
and other stakeholders for dereliction of duty. The need for judicial
intervention by the Supreme Court in Bachpan Bachao Andolan (supra)
to enforce the provisions of the Juvenile Justice (Care and Protection of
Children) Act, 2015, and the POCSO Act, 2012, itself reflects the
callousness of the executive machinery and its inadequate commitment
to implementing the statutory provisions. It was also submitted that
welfare and rehabilitation schemes for rape victims- such as the
Nirbhaya Fund, One Stop Centres established by the Ministry of Women
and Child Development, the Uttar Pradesh Rani Laxmi Bai Mahila
Samman Kosh Scheme, the Mission Vatsalya Scheme, 2021, and the
NALSA Compensation Scheme for Women Victims/Survivors of Sexual

33
Matters Under Article 227 No.8129 of 2023
Assault and Other Crimes, 2018- lack effective rule-bound
implementation mechanisms and fail to provide accountability against
erring officers.
XI- SUGGESTIONS OF THE LEARNED AMICUS CURIAE:
90. The learned Amicus Curiae suggested that an additional clause be
incorporated in the Medico-Legal Examination Report relating to sexual
violence, recording that the victim and her guardian have been informed,
counselled, and apprised of the status of the pregnancy, where the victim
is found to be pregnant, and have also been informed of the provisions of
the Medical Termination of Pregnancy Act, 1971, read with the relevant
provisions of the POCSO Act, 2012.
91. It is further suggested that the Support Person, Chairperson, and
Members of the Child Welfare Committee should make a separate
endorsement in the Social Investigation Report and the Individual Care
Plan of the victim regarding counseling and dissemination of
information concerning the provisions of the Medical Termination of
Pregnancy Act, 1971, the POCSO Act, 2012, Government compensation
schemes, welfare schemes, and rehabilitation measures available to the
victim. The Child Welfare Committee should, in consultation with the
Medical Board constituted under the Medical Termination of Pregnancy
Act, 1971, immediately decide on termination of pregnancy in cases
involving minor rape victims.
92. It is further submitted that there exists a stark conflict between the
protectionist approach of the Medical Termination of Pregnancy Act,
1971, and the autonomy-based approach evolved through constitutional
jurisprudence. The presumption that a guardian always acts in the best
interest of the minor may not hold true in cases of sexual assault.
Accordingly, it is suggested that a collective and conscious decision be
taken by the Chief Medical Officer, the Chairperson and Members of the
Child Welfare Committee, the Support Person, and the Counselor,
guided solely by the best interests of the child, particularly in cases

34
Matters Under Article 227 No.8129 of 2023
where the opinion of the minor pregnant victim differs from that of her
guardian.
93. It is further suggested that a proper mechanism be established to
ensure mandatory coordination between the police authorities, the Chief
Medical Officer, and the Child Welfare Committee, so that each
authority functions as part of a unified mechanism for the immediate
exchange of information, the prompt transmission of medical and legal
reports, and strict adherence to the time-bound procedures prescribed
under the Medical Termination of Pregnancy Act, 1971, the POCSO Act,
2012, and the Juvenile Justice (Care and Protection of Children) Act,
2015. In furtherance of this objective, a Special Coordination Committee
should be constituted in every district, comprising one representative
from the police department, one doctor from the office of the Chief
Medical Officer, one Member of the Child Welfare Committee, and one
Judicial Officer, for supervision and day-to-day monitoring of such
cases.
94. A dedicated Digital Case Tracking System should be created to
monitor cases involving pregnancies of minor sexual assault victims in
real time. It should track every stage, from FIR registration and medical
examination to Medical Board constitution, submission of reports, CWC
referral, and court disposal of termination applications. Officers who
cause delay or fail in their duty, whether the Investigating Officer, Chief
Medical Officer, or Child Welfare Committee, must face strict
consequences. These should include civil and criminal prosecution,
compensatory costs, and departmental action.
95. The Amicus Curiae raised an important question about the legal
status of a child born as a result of sexual assault. Currently, it is unclear
whether such a child qualifies as a "victim" under Section 2(wa) of the
Code of Criminal Procedure, 1973, or under the POCSO Act, 2012. This
gap in the law has serious consequences for the rights and protection of
such children. It is therefore suggested that a separate clause be added to
Section 2 of the POCSO Act, 2012, and to the relevant provisions of the

35
Matters Under Article 227 No.8129 of 2023
Bharatiya Nagarik Suraksha Sanhita, 2023, clearly defining the legal
status of children born as a result of offences under the POCSO Act.
XII- CASES RELIED UPON BY THE LEARNED AMICUS
CURIAE:
96. The learned Amicus Curiae has placed reliance upon the following
decisions in support of the submissions advanced before this Court.
96.1 The learned Amicus Curiae has placed reliance upon Suchita
6
Srivastava & Anr. v. Chandigarh Administration to contend that the
consent of the woman is paramount in matters relating to medical
termination of pregnancy, subject to limited exceptions concerning
mentally ill women. It is further submitted that where divergent medical
opinions exist regarding termination of pregnancy, greater weight must
be accorded to the opinion of the medical practitioner. Reliance has also
been placed on the proposition that denial of termination causes severe
7
mental anguish, trauma and irreparable harm to the victim . It is further
argued that where the pregnancy exceeds the statutory gestational limit
of 20 weeks, a Multi-Disciplinary Medical Board must be constituted to
8
mitigate the associated risks . The learned Amicus Curiae also submits
that termination of pregnancy may be permitted even beyond 24 weeks
in cases involving fetal abnormalities or grave risk to the life and health
9
of the mother . It is emphasized that reproductive choice is a matter of
personal autonomy and that even where the guardian or the State prefers
a different course of action, the wishes of the minor, if capable of
10
forming an opinion, must receive primary consideration . It is lastly
submitted that the Medical Board must be constituted immediately upon
the matter being reported either to the police authorities or a doctor, and
that the report of the Medical Board should be furnished within 24 hours,
as compelling the victim to approach the Court merely for obtaining a
6
(2009) 9 SCC 1
7
D. Rajeswari v. State of Tamil Nadu and others, (1996) SCC OnLine Mad 850
8
Jyotsna Singwani v. Union of India and others, (2020) SCC OnLine Del 561
9
Mahima Yadav v. Government of NCT of Delhi and Others, (2021) SCC OnLine Del 2828
10
X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi
and Another, (2023) 9 SCC 433

36
Matters Under Article 227 No.8129 of 2023
medical opinion amounts to procedural failure on the part of the State
11
authorities
XIII- RIGHTS OF CHILDREN BORN OUT OF SEXUAL ASSAULT-
AN INTERNATIONAL COMPARATIVE ANALYSIS:
97. The learned Amicus Curiae has placed before this Court a
comparative analysis of the legislative frameworks adopted by several
jurisdictions in addressing the rights of children born as a consequence
of sexual assault.
98. In the United Kingdom, landmark legislation has recently been
enacted explicitly recognizing the rights of such children. Section 2(b) of
the Victims and Prisoners Act, 2024, defines "victim" to include a child
born directly as a result of criminal conduct. Such children are entitled to
support from criminal justice agencies and are eligible for compensation
under the Criminal Injuries Compensation Scheme. The legislation
further restricts the rapist-father from exercising parental responsibilities
or visitation rights, thereby ensuring that neither the survivor-mother nor
the child is compelled to maintain any connection with the perpetrator.
99. In South Africa, the issue is addressed through the framework of
parental rights and succession under the Children's Act 38 of 2005, under
which the child born of such an assault is entitled to claim maintenance
from the rapist-father.
100. In the United States of America, a decentralized approach is
followed through State-specific statutes supported by federal grants. The
Victims of Crime Act, 1984, the California Victim Compensation Board,
and the Texas Crime Victims Compensation Act recognize "derivative
victims"- including children of direct victims- and permit them to claim
compensation for counseling and support. The Rape Survivor Child
Custody Act encourages States to permit women to seek termination of
the parental rights of rapists. Most States in the United States now have
Termination of Parental Rights statutes in cases involving conception
11
Minor S (Thr. Father B) v. State and Another, (2025) SCC OnLine Del 2506

37
Matters Under Article 227 No.8129 of 2023
through sexual assault, thereby preventing the rapist from seeking
custody or visitation rights.
101. In New Zealand, a "no-fault" model is followed under the
Accident Compensation Act, 2001, which categorizes pregnancy
resulting from rape as "personal injury." The legislation entitles the
victim-mother to broad compensation covering costs associated with the
pregnancy and resulting mental injury. Although the child is not treated
as a direct claimant for the rape injury itself, the State provides
comprehensive support to the family unit.
XIV- FINDINGS OF THE COURT:
102. To take a conscious decision regarding termination of pregnancy,
it must be borne in mind that a fetus ordinarily cannot be aborted once
the pregnancy exceeds 24 weeks. Time, therefore, is of the essence of the
entire jurisprudence governing termination of pregnancy. The
significance of time becomes even more critical because the Medical
Board's opinion serves as the foundational basis for deciding whether
termination is medically and legally permissible. In this case, the time
consumed in taking a decision regarding termination of the victim's
pregnancy is therefore a critical factor and must have been carefully
examined and adjudicated timely.
103. The FIR was lodged on 11.06.2023 by the grandfather of the
victim, alleging that his 17-year-old granddaughter, who was mentally
challenged, had remained disturbed and under stress for a considerable
period, and upon being taken into confidence, disclosed that one Lalu
had repeatedly subjected her to sexual assault after intoxicating her, as a
consequence of which she had become pregnant. After the FIR was
registered, the victim was produced before the Community Health
Centre, Rohta, on 12.06.2023, where the Medical Officer prepared a
Medico-Legal Examination Report recording a provisional medical
opinion that the patient was approximately five to six months pregnant
and advising an ultrasonography for fetal well-being. On the same date,
a radiological examination conducted at the District Women's Hospital,

38
Matters Under Article 227 No.8129 of 2023
Meerut, confirmed that the victim was carrying a pregnancy of 22 weeks
and 6 days.
104. The victim's statements under Sections 161 and 164 Cr.P.C. were
recorded on 06.07.2023, wherein she categorically stated that she did not
wish to continue with the pregnancy. On the same day, she was produced
before the Child Welfare Committee, Meerut, which handed over her
custody to her uncle with a direction that the pregnancy should not be
terminated and that regular follow-up medical check-ups be continued.
During this period, the victim had also approached the Chief Medical
Officer, Meerut, on 05.07.2023, seeking termination of the pregnancy.
105. During the aforesaid period, none of the concerned authorities-
namely, the Chief Medical Officer, the police authorities, the concerned
Judicial Officer, or the Child Welfare Committee- paid due heed to the
victim's request. Left with no efficacious remedy, the victim approached
the Special Judge (POCSO), Meerut, who also advised her to approach
this Court for appropriate directions. The writ petition was filed on
22.07.2023 and listed before this Court on 04.08.2023. Thus, from the
date of registration of the FIR till 04.08.2023, a total of 54 days elapsed,
during which the pregnancy advanced further and the risks associated
with termination increased manifold.
106. In matters of such nature, every single day is crucial to the mental
and physical well-being of the victim. Every authority through which the
victim passed was headed by educated, professionally qualified persons
holding responsible public offices, yet none discharged their statutory
duties with the minimum degree of sensitivity, responsibility, or sincerity
expected of them. It was only after this Court intervened that
consequential steps were initiated, the Medical Board was constituted,
and the victim was admitted to the hospital. On 12.08.2023, a baby girl
was delivered through surgical intervention, and thereafter the newborn
child was shifted to the Government Child Centre, Rampur, as the victim
expressed her inability to raise the child in a healthy and secure
environment.

39
Matters Under Article 227 No.8129 of 2023
107. The Medical Termination of Pregnancy Act, 1971 was enacted on
10 August 1971. It allows registered medical practitioners to terminate
certain pregnancies under specified conditions. The Act was necessary
because the Indian Penal Code, drafted nearly a century earlier, treated
abortion as a criminal offence. Both the woman and the person
performing the abortion could be punished. The only exception was
where termination was necessary to save the mother's life.
108. Section 3(2-D) of the Act requires every State Government or
Union Territory to constitute a Medical Board by official notification.
This Board must include a gynaecologist, a paediatrician, a radiologist or
sonologist, and such other members as may be notified. Section 3(2-B)
of the Act further requires a Medical Board to be constituted in every
district. This district-level Board is specifically meant to consider cases
where termination is sought beyond 24 weeks of pregnancy.
109. The District Level Committee constituted under Section 4(b) of
the Act is required to give its opinion within three days of receiving a
reference. The termination procedure must then be completed within five
days of that opinion. These strict timelines assume that a fully
functional, properly constituted, and regularly updated committee exists
in every district of the State.
110. The record furnished by the Joint Director, Directorate of Family
Welfare, Lucknow, Uttar Pradesh, dated 08.11.2024, discloses a
disturbing picture of administrative apathy and prolonged disregard for
Parliament's mandate. The Medical Termination of Pregnancy Act came
into force in 1971, yet the overwhelming majority of districts in Uttar
Pradesh constituted their Medical Boards only in 2012-13- more than
four decades after the Act. Only four districts constituted their
Committees before 2010: Lucknow in 2003, that is, 32 years after the
Act came into force; Mathura in 2004; Rampur in 2006; and Varanasi in
2011. Every other district allowed the statutory mandate to lie dormant
for between 32 and 52 years.

40
Matters Under Article 227 No.8129 of 2023
111. The most egregious failures are those of Jhansi, Gonda, and
Prayagraj, each of which constituted its Medical Board and District
Level Committee only in 2023- a full 52 years after the Act came into
force- meaning that for over five decades, every woman in these districts
who required Committee approval for termination beyond standard
gestational limits was effectively denied her statutory right and left with
no option but to continue an unwanted or dangerous pregnancy, seek an
unsafe illegal abortion, or undertake the burden and cost of traveling to a
distant district.
112. Kaushambi, created as an independent district in 1997, constituted
its Medical Baord only in 2018, meaning that for 21 years of its
existence as a separate administrative unit, women in Kaushambi had no
local Committee and were compelled to travel to Prayagraj- a serious
and disproportionate barrier for poor and rural women. This represents a
fundamental and prolonged violation of women's reproductive rights
under Article 21 of the Constitution of India.
113. The record further reveals that Medical Boards were constituted
12 times in Lucknow; 4 times in Bareilly; 3 times each in Bulandshahr,
Chandauli, Hapur, Mahoba, and Meerut; 2 times each in Amroha, Banda,
Etawah, Firozabad, Jaunpur, Kanpur Dehat, Mathura, Moradabad,
Raebareli, Rampur, Sitapur, and Unnao; whereas in the remaining 53
districts, the Medical Board was constituted only once till the year 2023.
114. Even where Medical Board were constituted, the data reveals that
the vast majority have been reconstituted only once in their entire
existence, rendering them almost certainly non-functional in practice.
Medical Board members appointed a decade ago would have retired,
been transferred, or in some cases deceased; a Medical Board that exists
only on paper but cannot be convened within the mandatory three-day
statutory deadline does not merely fall short of adequacy- it actively
denies women their statutory rights while providing the State a paper
shield against accountability.

41
Matters Under Article 227 No.8129 of 2023
115. One of the most revealing patterns in the data is the bulk
reconstitution of over 40 District Level Committees in a single week
around 18-19 October 2023, immediately preceding the filing of data
before this Court in November 2023. This extraordinary convergence of
administrative activity raises serious and unavoidable questions as to
whether these reconstitutions were genuine exercises in compliance or
paper formalities executed defensively in anticipation of judicial
scrutiny, and whether the women who needed Committee approval in the
months and years preceding October 2023 were served by any functional
committee at all.
116. The mass reconstitution pattern strongly suggests that compliance
with the Act was litigation-driven rather than institutionally internalized.
Two districts- Hamirpur and Sultanpur- submitted no information
whatsoever regarding Board constitution, reconstitution, or current
status, raising the serious possibility that no Medical Board has ever
been constituted in these districts. Additionally, three districts-
Azamgarh, Ballia, and Maharajganj- have document integrity issues,
with entries marked "not clear" or "without sign," rendering the data
legally unreliable and raising questions about the authenticity of the
affidavit material filed before this Court.
117. The affidavit filed by the Chairman of the Child Welfare
Committee, Meerut, a former member of the district judiciary of Uttar
Pradesh, reveals an equally disturbing state of affairs. Despite
categorical averments in the FIR and in the statements recorded under
Sections 161 and 164 Cr.P.C. that the victim was mentally challenged
and unwilling to continue with the pregnancy, the Chairman sought to
justify the Committee's inaction on the ground that neither the doctor,
nor the Magistrate, nor the Investigating Officer had formally described
the victim as mentally disabled.
118. The Committee had the benefit of all relevant records before
passing its order dated 06.07.2023, including the FIR, statements under
Sections 161 and 164 Cr.P.C., the Medical Examination Report, and the

42
Matters Under Article 227 No.8129 of 2023
Ossification Test Report, yet no effective or meaningful step appears to
have been taken in the victim's best interest. The Chairman further
sought to shift responsibility onto the police authorities, the Chief
Medical Officer, and the Magistrate, without appreciating that he himself
occupied a position of statutory responsibility alongside other members
with expertise in their respective fields. Such an approach, particularly
from a former judicial officer appointed as Chairman by a Committee
headed by a former Judge of the High Court, is wholly unsatisfactory.
The record further reveals that the Committee failed to enquire as to why
the victim was produced before it nearly 25 days after registration of the
FIR, despite the fact that she was carrying an advanced and unwanted
pregnancy resulting from a sexual offence.
119. The data pertaining to Support Persons appointed under the
POCSO Act, 2012, and the Juvenile Justice (Care and Protection of
Children) Act, 2015, across Uttar Pradesh over the last five years reveals
a picture of gross inadequacy and wide district-wise disparity. Under
Section 39 of the POCSO Act, 2012, the State Government is required to
make arrangements for providing Support Persons to child victims to
assist them through the process of investigation and trial.
120. Under the Juvenile Justice (Care and Protection of Children) Act,
2015, Support Persons are similarly mandated to assist children in need
of care and protection appearing before Child Welfare Committees.
Despite a nominal rise in numbers- from 54 Support Persons in 2018-19
to 538 in 2022-23- the position remains wholly inadequate. In 2022-23,
538 Support Persons were available across 75 districts, averaging barely
seven per district, against a total of 2,740 assigned cases, yielding an
average of over five cases per Support Person simultaneously. In 2018-
19, each of the then-existing 54 Support Persons bore an average burden
of over 275 cases. In 2018-19 and 2019-20, more than 20 districts had
zero Support Persons, representing a complete failure of the statutory
mandate for at least two full years across a majority of districts.

43
Matters Under Article 227 No.8129 of 2023
121. The district-wise data for 2022-23 reveals extreme case overload
in several districts. Firozabad recorded only 2 Support Persons for 213
assigned cases, yielding over 106 cases per Support Person, the most
egregious instance in the State. Meerut recorded 4 Support Persons for
392 cases, yielding 98 cases per Support Person. Gautam Budh Nagar
recorded 3 Support Persons for 273 cases, and Etawah recorded 2
Support Persons for 152 cases. At the other extreme, Auraiya district had
48 cases with zero Support Persons, meaning every child victim in the
district received no statutory support whatsoever. Similarly, Rampur and
Hamirpur recorded zero Support Persons with no cases registered-
raising the question of whether the absence of Support Persons itself
contributed to the absence of case registration.
122. A severe and irrational district-wise disparity is also evident:
Saharanpur recorded 252 Support Persons for 252 cases, and
Muzaffarnagar recorded 68 Support Persons for 68 cases, both
anomalously equal figures that suggest possible data entry error or
administrative irregularity- while neighbouring Meerut had only 4
Support Persons for 392 cases. Districts such as Jalaun, Ambedkar
Nagar, and Deoria each recorded 2 Support Persons against zero
registered cases, suggesting either systematic non-registration of cases or
complete administrative failure in those districts.
123. Upon consideration of the documents and affidavits furnished by
the Chief Medical Officer, the Child Welfare Committee, the District
Probation Officer, the Principal Secretary, Department of Women and
Child Development, and the Principal Secretary, Medical Health and
Family Welfare, this Court is constrained to observe that the entire
system appears to function more on paper than in actual implementation.
Government departments possess notifications, schemes, programmes,
and statutory frameworks, yet the practical implementation of such
measures- particularly in matters relating to unwanted pregnancies
arising from sexual offences and child care mechanisms- remains grossly
inadequate.

44
Matters Under Article 227 No.8129 of 2023
124. The affidavit filed by the Chairman, NCPCR, has highlighted that
under Section 19(6) of the POCSO Act, 2012, the local police or the
Special Juvenile Police Unit is under a statutory obligation to report
every case of sexual offence against a child to the Child Welfare
Committee within 24 hours of receiving information, whereafter the
Child Welfare Committee is required to take immediate measures to
safeguard the child and pass appropriate orders in the child's best
interest. The POCSO Tracking Portal maintained by the NCPCR further
reveals that only 129 cases have been registered from the State of Uttar
Pradesh, thereby raising serious concerns about reporting mechanisms,
institutional coordination, and implementation capacity at the State level.
125. While enacting the Medical Termination of Pregnancy Act, 1971,
Parliament consciously granted statutory protection to registered medical
practitioners for acts done in good faith under the Act. Despite such
protection, the record reflects persistent reluctance and non-compliance
on the part of the authorities entrusted with implementing the Act,
particularly at the district level. The Principal Secretary, Medical Health
and Family Welfare, has stated in the affidavit filed before this Court that
approximately 1,200 doctors have been trained by the Ipas Development
Foundation under the tripartite Memorandum of Understanding.
However, when admittedly no Medical Board existed till 2013 and,
thereafter, in the majority of districts the Boards were constituted only
once over a prolonged period, the authenticity and reliability of the
statistical data furnished regarding district-wise details of unmarried rape
victims produced before Medical Boards since 2013 becomes doubtful.
126. The present matter is, unfortunately, not an isolated instance. This
Court regularly encounters cases where the intervention of the High
Court or the Supreme Court becomes necessary in matters relating to
termination of pregnancy arising out of sexual assault. By the time such
matters reach the constitutional courts, the pregnancy has often advanced
to a critical stage, making it increasingly difficult for medical experts to
take a considered decision regarding termination after assessing the
health risks to both the victim and the fetus.

45
Matters Under Article 227 No.8129 of 2023
127. The Supreme Court has delivered a series of judgments on the
subject, and the High Courts have repeatedly issued directions for the
timely constitution of Medical Boards and for taking necessary steps in
the best interests of victims. Despite such judicial pronouncements, the
material on record demonstrates a persistent failure on the part of the
State machinery to effectively implement the provisions enacted by
Parliament, the directions issued by constitutional courts, and the
notifications issued by the State Government from time to time. The
plight of child victims in such cases reflects deep institutional
insensitivity. This Court records these findings with considerable
anguish, but the facts brought on record leave no option except to place
them on the judicial record and issue necessary directions, in the hope
that the institutional authorities may discharge their statutory duties with
greater responsibility, sensitivity, and accountability in the future.
128. Questions relating to reproductive rights, bodily autonomy, and
abortion jurisprudence have consistently engaged constitutional courts
across jurisdictions, lying at the intersection of constitutional guarantees,
ethical considerations, societal values, and medical jurisprudence. While
extensive judicial discourse exists concerning the reproductive rights of
women, the independent legal status and rights of a child born as a
consequence of sexual assault have not yet received comprehensive
legislative recognition in India.
129. Section 2(1)(y) of the Bharatiya Nagarik Suraksha Sanhita, 2023,
defines a "victim" as a person who has suffered any loss or injury caused
by reason of the act or omission of the accused person, and includes the
guardian or legal heirs of such victim. However, the said definition may
not adequately address the independent legal status of a child born as a
consequence of sexual assault. Such a child cannot merely be treated as
an extension of the victim-mother for the purpose of legal remedies, as
both constitute distinct individuals possessing separate legal identities
and interests. Comparative jurisprudence from the United Kingdom,
New Zealand, and the United States reflects an evolving recognition of
the rights of such children.

46
Matters Under Article 227 No.8129 of 2023
130. A Division Bench of this Court in "A" through her Father "F" v.
12
State of U.P. and Others , while dealing with similar issues, requested
the State Government to undertake a socio-psychological study
concerning the incidence of rape, children born out of rape, abandoned
children, the trauma suffered by victims, rehabilitation measures, and
related ancillary issues. More than a decade has elapsed since those
observations, yet no material has been placed before this Court to
indicate that any such comprehensive study has been conducted either by
the Principal Secretary, Medical Health and Family Welfare, Uttar
Pradesh, or by the Principal Secretary, Department of Women and Child
Development, Government of Uttar Pradesh. Conducting empirical
research and collecting reliable data in matters of such grave social
significance would assist the State in framing informed and effective
policies and institutional responses.
131. The Constitution of India vests the High Courts with extensive
constitutional powers to ensure the effective administration of justice
and preservation of the rule of law. Among these powers, Articles 226
and 227 occupy a central position in maintaining constitutional
governance, judicial discipline, and institutional accountability.
132. In appropriate circumstances, a constitutional court may invoke
Article 227 through its writ jurisdiction under Article 226, to issue
guidelines or directions to the State Government where a legal,
procedural, or administrative vacuum threatens the proper administration
of justice. When Articles 226 and 227 are read harmoniously, the High
Court possesses sufficient constitutional authority to issue interim,
supplemental, or gap-filling guidelines in situations where statutory
silence or executive inaction impedes the administration of justice. Such
directions may legitimately be issued where there exists a statutory
vacuum affecting judicial administration, or where executive action is
required for implementation of judicial mandates. Initially, this Court
had contemplated issuing recommendations to the State authorities.
However, upon considering the observations made by the Division
12
2015 SCC OnLine All 4735

47
Matters Under Article 227 No.8129 of 2023
Bench in "A" through her Father "F" v. State of U.P. and Others (supra)
and having regard to the facts brought on record in the present matter,
this Court deems it appropriate to issue structured directions coupled
with recommendations.
XV- GENERAL DIRECTIONS TO THE FIELD OFFICERS:
133. In all cases where a victim of rape or sexual assault is found to be
pregnant, the victim shall, without loss of even a single day, be produced
before the concerned Chief Medical Officer along with the report
prepared under Section 27 of the POCSO Act, 2012, statements recorded
under Sections 180 and 184 of the Bharatiya Nagarik Suraksha Sanhita,
2023, a copy of the FIR, the Medico-Legal Examination Report of
Sexual Violence, and such other relevant documents as may be necessary
to assess the physical and mental condition of the victim and to enable
an informed decision regarding termination of pregnancy.
133.1 In cases where the victim is a minor and unmarried, the concerned
Station House Officer shall immediately inform the Senior
Superintendent of Police or the Commissioner of Police, as the case may
be, who shall ensure that the victim is produced before all concerned
authorities in accordance with the requirements of the Medical
Termination of Pregnancy Act, 1971, and the POCSO Act, 2012. The
concerned Station House Officer shall also record in the General Diary
maintained at the police station all steps taken by the police authorities
in this regard.
134. If the Chief Medical Officer, or the Chairman of the Child Welfare
Committee, fails to attend to the victim or to take the necessary action,
such refusal or omission shall also be recorded in the General Diary
maintained at the concerned police station. The concerned Station House
Officer shall, upon making such an entry, immediately transmit a copy
thereof to the Senior Superintendent of Police and the District
Magistrate, who shall take immediate corrective action and record the
same in writing within 24 hours of receipt of such information.

48
Matters Under Article 227 No.8129 of 2023
135. The concerned Station House Officer shall record in the General
Diary the departure and arrival entries of the police personnel deputed to
escort the victim for production before the Chief Medical Officer, the
Child Welfare Committee, and the jurisdictional Magistrate. The Circle
Officer concerned shall countersign such entries on the same day, and
the entries shall further be reviewed and countersigned fortnightly by the
concerned Senior Superintendent of Police. The Senior Superintendent
of Police shall submit a monthly compliance report to the Director
General of Police, Uttar Pradesh, consolidating the entries so made
across all police stations in the district, for the purpose of centralized
monitoring of compliance with these directions.
136. The Chief Medical Officer shall record, on the medical report
itself, a certification that the Medical Board has duly counselled the
victim and her parent(s) or guardian(s) regarding the provisions of the
Medical Termination of Pregnancy Act, 1971, and the medical, legal, and
psychological implications arising therefrom. If the victim is of tender
age, counselling sessions shall be repeated as may be necessary to ensure
meaningful comprehension. The Medical Board shall also record, in
Form F, the specific reasons for approval or rejection of an application
for termination of pregnancy, in sufficient detail to enable judicial
review, and a copy of Form F shall be forwarded to the Secretary,
District Legal Services Authority, on the same day as it is prepared.
137. The Chairman of the Child Welfare Committee shall specifically
record, in every order or report prepared under Sections 30, 31, 36, 37,
39, and 40 of the Juvenile Justice (Care and Protection of Children) Act,
2015, that the relevant provisions of the Medical Termination of
Pregnancy Act, 1971, the POCSO Act, 2012, and the Juvenile Justice
(Care and Protection of Children) Act, 2015, relating to termination of
pregnancy, rehabilitation measures, compensation schemes, and their
consequences, have been duly explained to the victim and her
guardian(s) in simple and comprehensible language. The Child Welfare
Committee shall further record whether the victim has been informed of

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her right to approach the District Legal Services Authority for free legal
aid and representation, and whether such aid has been arranged.
138. The Support Person appointed in such cases shall maintain regular
contact with the victim and shall visit her at least once every week to
provide necessary assistance, counseling, and support. A weekly contact
report shall be prepared by the Support Person and submitted to the
Chairman of the Child Welfare Committee and to the Secretary, District
Legal Services Authority, within two days of each visit. In the event that
the Support Person fails to maintain such contact or submit such reports,
the Chairman of the Child Welfare Committee shall immediately bring
the matter to the notice of the District Probation Officer and the District
Magistrate for remedial action, including replacement of the Support
Person.
139. The Principal Secretary, Medical Health and Family Welfare,
Government of Uttar Pradesh, shall ensure that every district in the State
has a duly constituted and functional Medical Board in accordance with
Section 3(2-B) and the related provisions of the Medical Termination of
Pregnancy Act, 1971. Monthly reports shall be called for from each
district regarding the functioning of such Medical Boards, and
continuous supervision shall be ensured so that the Medical Boards
discharge their duties in letter and spirit. In particular, the Principal
Secretary shall ensure that no Medical Board remains without
reconstitution for a period exceeding one year, and shall maintain a
centralized register of the constitution, reconstitution, and current
membership of Medical Boards across all 75 districts of Uttar Pradesh,
which shall be updated on a quarterly basis and made available to the
Secretary, District Legal Services Authority, of the concerned district.
140. The Principal Secretary, Department of Women and Child
Development, Government of Uttar Pradesh, shall ensure that all Child
Welfare Committees function strictly in accordance with Government
Notifications, the provisions of the Juvenile Justice (Care and Protection
of Children) Act, 2015, and the Rules framed thereunder. Proper

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supervision shall be exercised over the functioning of the Child Welfare
Committees and all authorities engaged in implementing the statutory
framework for child protection and rehabilitation. The Principal
Secretary shall ensure that no district is left without the requisite number
of Support Persons as mandated under Section 39 of the POCSO Act,
2012, and shall maintain such record, within three months from the date
of receipt of a certified copy of this order. A district-wise action plan for
achieving an adequate Support Person-to-case ratio across all 75 districts
of Uttar Pradesh, having regard to the case burden data shall be prepared
and maintained for future reference and record.
141. The Principal Secretary, Department of Women and Child
Development, shall, in coordination with the National Commission for
Protection of Child Rights, conduct regular training and sensitization
programmes for Chairpersons and Members of Child Welfare
Committees, Support Persons, District Probation Officers, and all
stakeholders involved in the implementation of the POCSO Act, 2012,
the Medical Termination of Pregnancy Act, 1971, and the Juvenile
Justice (Care and Protection of Children) Act, 2015. Such training
programmes shall be conducted at least twice a year in every district, and
attendance records and outcomes shall be reported to the Principal
Secretary and to the NCPCR on a half-yearly basis.
142. The Chairman of the Child Welfare Committee and the Chief
Medical Officer shall ensure that all proceedings conducted by the Child
Welfare Committee and the Medical Board in such cases are forwarded
to the Secretary, District Legal Services Authority, for supervision and
monitoring of compliance. The Secretary, District Legal Services
Authority, shall maintain a separate record on a case-by-case basis for
monitoring, supervision, and future reference. A copy of all proceedings
shall also be forwarded to the concerned District Magistrate for
supervision, record-keeping, guidance, and necessary administrative
oversight. The Secretary, District Legal Services Authority, shall
convene a monthly review meeting with the Chief Medical Officer, the
Chairman of the Child Welfare Committee, the District Probation

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Officer, and one Senior Police Officer of the district, to monitor the
status of all pending cases involving minor rape victims who are
pregnant or have delivered, and shall submit a monthly report to the
Member Secretary, State Legal Services Authority, Uttar Pradesh, for
onward transmission to the Principal Secretary, Medical Health and
Family Welfare, and the Principal Secretary, Department of Women and
Child Development for their record and reference.
XVI- DIRECTIONS FOR THE STATE:
143. The State Government is directed to undertake a comprehensive
socio-psychological study, based upon an appropriate survey, concerning
the number of rape cases; the number of children born as a consequence
of rape; the number of abandoned children; the psychological condition
and responses of victims; mechanisms required to address the trauma
suffered by victims; the expectations of victims regarding rehabilitation;
and all related and ancillary issues. Accordingly, the Chief Secretary,
Uttar Pradesh, is hereby directed to constitute an Expert Committee
comprising academicians, research scholars, data scientists, policy
experts, bureaucrats, and doctors.
143.1 The Expert Committee shall also undertake visits to Child Care
Institutions run by both Governmental and Non-Governmental
Organizations, CWC, and other academic institutions as may be deemed
necessary to achieve the object, to examine the impact of bureaucratic
procedures and administrative rigidity upon the implementation of
welfare schemes, statutory provisions, rules, regulations, and
institutional mechanisms, besides constant in allocation and availability
of funds. The State Government shall issue a notification constituting
such Expert Committee within a period of three months from the date of
receipt of a certified copy of this order. Assistance from Indian Institutes
of Management and Indian Institutes of Technology may also be sought
to achieve the desired objective. The Expert Committee shall submit its
preliminary report within six months of its constitution and a final report

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within twelve months thereof, and such reports shall be placed before the
Chief Secretary for consideration.
144. The State Government shall further examine and evolve an
institutional mechanism to fix accountability for failure to adhere to the
statutory obligations under the POCSO Act, 2012, the Juvenile Justice
(Care and Protection of Children) Act, 2015, the Medical Termination of
Pregnancy Act, 1971, Government Notifications, and welfare schemes
framed for victims and children. Such exercise shall specifically
examine lapses attributable to the Chief Medical Officer, Members of the
Child Welfare Committee, District Probation Officers, and
Superintendents of Child Care Institutions. The dignity and rights of
children born as a consequence of sexual assault, as well as the rights of
victims of such offences, require meaningful institutional protection
through effective implementation of the statutory framework and
accountable governance. The State Government shall, within twelve
months months from the date of receipt of a certified copy of this order,
send a draft accountability framework, including proposed amendments
to service rules or Government Orders, establishing clear timelines for
action, consequences for dereliction, and a designated authority for
receiving and acting upon complaints of non-compliance, the Registrar
General of this Court, who shall in turn place the said accountability
framework in the record of this case.
145. The Principal Secretary, Medical Health and Family Welfare, Uttar
Pradesh, shall ensure that every district has a functional Medical Board
as mandated under Section 3(2-D) of the Medical Termination of
Pregnancy Act, 1971.
146. Until the State Government formulates a structured and effective
accountability mechanism as directed above, the Member Secretary,
DLSA at State Level and In-charge, District Legal Services Authority, of
each district shall supervise the functioning of the Child Welfare
Committee and the Chief Medical Officer, insofar as the constitution of
the Medical Board, compliance with the terms of this order, and

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compliance with the orders passed by the Supreme Court of India are
concerned.
146.1 Any party aggrieved by the conduct of the Chairman or a Member
of the Child Welfare Committee, or of the Chief Medical Officer, may
approach the In-charge, District Legal Services Authority, of the
concerned district. The In-charge, District Legal Services Authority, after
affording the concerned officer or member an opportunity of being
heard, and upon being satisfied that there has been negligence,
dereliction of duty, non-compliance with Section 3(2-D) of the Medical
Termination of Pregnancy Act, 1971, or non-adherence to the relevant
provisions of the POCSO Act, 2012, the Juvenile Justice (Care and
Protection of Children) Act, 2015, or the terms of this order, shall
immediately write to the Principal Secretary, Medical Health and Family
Welfare, and the Principal Secretary, Department of Women and Child
Development, Government of Uttar Pradesh, with a copy to the Chief
Secretary, Uttar Pradesh, recommending that immediate steps be taken to
relieve the Chief Medical Officer from his official duties.
146.2 Where justified, the In-charge, District Legal Services Authority,
may also recommend attachment of one month's salary of the Chief
Medical Officer for utilization towards the welfare of the victim(s), and
the initiation of a departmental inquiry. The In-charge, District Legal
Services Authority, may, in its discretion, write to the police to initiate a
criminal investigation under the relevant provisions of Chapters XII and
XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023. In cases
involving the Chairman or a Member of the Child Welfare Committee,
the In-charge, District Legal Services Authority, shall write to the
Additional Chief Secretary (Home) with a copy to the concerned District
Magistrate, recommending that the pecuniary benefits of the defaulting
Chairman or Member be withheld or stopped, as the case may be.
146.3 The In-charge, District Legal Services Authority, shall conduct
monthly visits to and inspections of the records of the Medical Board

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and the proceedings of the Child Welfare Committee, and shall record its
findings in a register maintained for this purpose in its office.
XVII- OBJECTIVE AND REASONS FOR RECOMMENDING THE
ENACTMENT OF A NEW STATE LEGISLATION:
147. A child born as a consequence of rape, especially in cases
involving a minor unmarried girl, must never be viewed through the lens
of stigma, shame, or social prejudice. The circumstances of birth are not
the choice of the child, and therefore no moral, social, or legal dishonour
can ever attach to that life. A civilized and justice-oriented society must
recognize that every child is born with equal dignity, equal humanity,
and equal constitutional protection. Neither social customs nor personal
prejudices can diminish the intrinsic value of a human life. The child of a
minor rape survivor is not a symbol of dishonour; rather, the true
dishonour lies in the violence, exploitation, and injustice inflicted upon
the victim. The responsibility of the State and society is therefore not to
condemn or exclude, but to protect, nurture, and uphold the rights of
both the survivor and the child.
148. Justice requires compassion guided by constitutional morality. A
child cannot inherit stigma from a crime committed by another person.
To deny such a child respect, identity, opportunity, or dignity would
amount to punishing an innocent human being for an act over which the
child had no control. The State must therefore ensure equal protection,
social acceptance, education, healthcare, and a life of dignity for every
such child, affirming that human worth is determined not by the
circumstances of birth but by the equal humanity shared by all.
149. Human civilization has attained extraordinary advancement in
science, philosophy, law, and governance, yet it remains entirely beyond
human capacity to determine the destiny, character, or moral worth of a
child- whether before birth, at the moment of birth, or by reason of the
circumstances that led to the birth. History bears witness to the fact that
individuals who later transformed society and brought new dimensions
to statesmanship- among them Chandragupta Maurya, founder of the

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Maurya dynasty, and numerous figures from religious and mythological
traditions whose lives have shaped the ethical consciousness of
generations- were once children whose future greatness no one could
have foreseen.
150. Even in royal lineages, no person could accurately predict whether
a child would emerge as a wise and compassionate sovereign, a great
emperor, or otherwise. Human character is not predetermined by birth,
lineage, social status, legitimacy, or the circumstances surrounding
conception; it is shaped by values, education, opportunity, and the
choices made throughout life. If the circumstances of birth, or the
conditions that led to it, were permitted to define the worth and dignity
of a human being, civilization would stand in judgment of the innocent-
a proposition wholly incompatible with constitutional morality, natural
justice, and the foundational values of a humane society.
151. This principle acquires even greater significance in cases
involving children born as a consequence of sexual violence. A child
born to a minor unmarried girl as a result of rape carries no guilt, stigma,
or dishonour. The crime belongs solely to the perpetrator, and no moral
or social burden can justly be transferred to an innocent child. To attach
shame or discrimination to such a child would be contrary to the
principles of humanity, constitutional morality, and natural justice. The
foundation of a just and civilized society must therefore rest upon the
recognition that every child, irrespective of the circumstances of birth,
possesses inherent dignity, equal humanity, and an equal right to life,
identity, respect, and opportunity. The State, as the guardian of
constitutional values and social justice, bears a solemn duty to protect
both the survivor and the child from discrimination, exclusion, and
indignity. Justice demands not condemnation but compassion; not stigma
but protection; and not prejudice but equal treatment under law.
152. At present, there is no specific legislation in India
comprehensively addressing the independent rights, status, protections,
and entitlements of a child born to a minor- whether married or

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unmarried- as a direct consequence of sexual assault or rape, including
offences committed in detention or custodial situations. It is
recommended that the State Government examine the need for a separate
legal framework to protect the independent rights of a child born to an
unmarried minor as a result of sexual assault. While framing such a
framework, the State Government may, if it considers appropriate, take
into account the findings and recommendations of the Expert Committee
constituted under this order.
XVIII- FURTHER RECOMMENDATIONS:
153. The National Medical Commission and the Uttar Pradesh Medical
Council should hold detailed discussions on whether a separate chapter
on medical jurisprudence should be added to the curriculum of medical
colleges. This would help achieve the objectives of the National Medical
Commission Act, 2019. Such discussions should also consider how
medical professionals can be given adequate legal knowledge and how
their understanding of medico-legal obligations can be strengthened.
154. The concerned authorities should also examine whether the
capacity of medical professionals needs to be improved in the following
areas. First, a better understanding of forensic science. Second, basic
principles of the law of evidence, particularly regarding the admissibility
and evidentiary value of medico-legal opinions and related documents.
Third, the provisions of the Medical Termination of Pregnancy Act,
1971, and other related laws. Fourth, the study of landmark judgments of
Constitutional Courts on medical jurisprudence, including guidelines
issued by those Courts.
155. To achieve these objectives, medical colleges may consider
making it mandatory to engage a jurist, a practicing advocate, or a
former Judge to deliver guest lectures or serve as permanent faculty for
teaching medical jurisprudence.
XIX- DIRECTIONS FOR CIRCULATION AND IMPLEMENTATION:
156. The Registrar (Compliance) is directed to transmit a certified copy
of this order to the following authorities for information, circulation, and

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compliance: (i) The Chief Secretary, Government of Uttar Pradesh, (ii)
The Chairman, National Commission for Protection of Child Rights; (iii)
The Secretary, Ministry of Women and Child Development, Government
of India for information, and necessary action; (iv) The Additional Chief
Secretary (Home), Uttar Pradesh, for sensitizing District Magistrates and
Chairpersons of Child Welfare Committees; (v) The Principal Secretary,
Department of Women and Child Development, Government of Uttar
Pradesh; (vi) The Principal Secretary, Medical Health and Family
Welfare, Uttar Pradesh, who shall further circulate the same to all Chief
Medical Officers of the State; and (vii) The Director General of Police,
Uttar Pradesh, for issuing appropriate circulars to officers of the
respective departments and for ensuring that Senior Superintendents of
Police across the State secure compliance with the directions contained
in this order.
157. All the District Judges shall discuss this order in a weekly and
monthly judicial meetings and sensitize the Magistrates and Judges of
their judgeship regarding its contents and the obligations arising
therefrom.
158. The Director, Judicial Training and Research Institute, Lucknow
immediately upon receipt of a certified copy of this order, shall prepare
study material on the subject and shall thereafter convene regular
meetings and workshops for Member Secretary, Legal Services
Authority, and all In-charge District Legal Services Authorities across
the State, for the purpose of sensitizing and educating them regarding
this order and the relevant orders of the Supreme Court. Such meetings
shall be convened at least once every six months. A report of each such
meeting, together with a list of participants and topics covered, shall be
kept by the Director, JTRI for record and future reference.
159. A copy of this order shall also be forwarded to the National
Medical Commission and the Uttar Pradesh Medical Council, for
deliberation on the necessity and desirability of incorporating a separate
chapter on statutory provisions related to medical jurisprudence in the

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curriculum of medical colleges, so as to further the objectives of the
National Medical Commission Act, 2019.
160. The National Medical Commission and the Uttar Pradesh Medical
Council shall submit their response and deliberations on these
recommendations to the Registrar General of this Court within six
months from the date of receipt of this order, who shall keep the
response with the record of this case.
161. No further order on merits is required, inasmuch as the grievances
raised by the petitioner stood substantially redressed pursuant to the
order dated 04.08.2023. Accordingly, the petition stands disposed of in
the above terms.
162. This Court places on record its sincere appreciation for the
invaluable assistance rendered by Ms. Vijeta Singh, learned Amicus
Curiae, whose diligent efforts, sustained engagement, and thoughtful
submissions throughout the proceedings have been of considerable
assistance to this Court in adjudicating the complex issues arising in the
present matter. The Court also acknowledges with appreciation the
contributions of Ms. Pratima Vishwakarma, learned Advocate, and Mr.
Jatin Rana, Research Associate attached to this Court, whose dedicated
research and scholarly inputs have materially enriched the Court's
consideration of the legal, statutory, and constitutional questions
involved herein.
163. The Registrar General is directed to ensure that all case records
are properly scanned and preserved for future reference. This includes
affidavits filed by the Chairman, Child Welfare Committee, Meerut;
Chief Medical Officer, Meerut; Senior Superintendent of Police, Meerut;
Principal Secretary, Department of Women and Child Development;
Principal Secretary, Medical Health and Family Welfare; Director
General of Police, Uttar Pradesh; and Chairman, NCPCR. It also
includes the affidavit of the learned Amicus Curiae, any reports
submitted in compliance with earlier orders of this Court, and any
affidavits that may be filed in compliance with this order.

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164. The judgment opens with the judicial maxim of Vaughan C.J. in
Thomas v. Sorrell (1677) to reflect upon a troubling reality. Despite a
comprehensive legal framework enacted by Parliament over several
decades, its implementation on the ground has remained deeply
inadequate.
165. I conclude with concern that Parliament enacted the Medical
Termination of Pregnancy Act in 1971 to regulate and permit termination
of pregnancies under specified conditions. The Medical Termination of
Pregnancy Rules and Regulations were subsequently framed in 2003 to
provide a detailed procedural framework for implementation of the Act.
The Protection of Children from Sexual Offences Act was enacted in
2012 to provide stringent protection to children against sexual abuse and
exploitation.
166. In the field of juvenile justice, the Children Act, 1960 was the first
central legislation in independent India dealing with the welfare of
children and juveniles. It was replaced by the Juvenile Justice Act, 1986,
which was enacted to bring Indian law in line with the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice,
known as the Beijing Rules, adopted in 1985. However, after India
ratified the United Nations Convention on the Rights of the Child in
1992, the 1986 Act was found to be inadequate. It was replaced by the
Juvenile Justice (Care and Protection of Children) Act, 2000, which
adopted a child-friendly approach, shifting the focus from punishment to
reformation and rehabilitation. It established Juvenile Justice Boards for
children in conflict with the law and Child Welfare Committees for
children in need of care and protection. The Act was amended in 2006
and 2011 to address gaps in implementation, and was finally replaced by
the more comprehensive Juvenile Justice (Care and Protection of
Children) Act, 2015, which introduced the significant provision of trying
certain juveniles as adults for heinous offences.
167. Notwithstanding this extensive legislative framework built over
more than five decades, the facts of the present case reveal that the law,

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in practice, has remained largely unimplemented. It is this gap between
the law on paper and its reality on the ground that the opening maxim
seeks to highlight.
168. In a country as vast and diverse as India, minor unmarried girls
from remote villages who are victims of sexual assault are compelled to
approach multiple authorities, including the police, hospitals, Child
Welfare Committees, and courts, merely to enforce a right that the law
already provides. Most of these girls belong to poor, illiterate, and
socially marginalized families. They have no access to legal aid or
informed guidance. By the time their cases reach a court, (it is noticed
that such cases, in routine, reach up to the Supreme Court) weeks and
months have been lost. In many cases, the pregnancy has already crossed
the permissible limit for termination, not because the law was
inadequate, but because the authorities entrusted with its implementation
failed to discharge their statutory obligations in time.
169. In this background, a question of fundamental importance arises.
Who bears responsibility for this failure? The answer is unambiguous.
Neither the minor victim nor the child born as a consequence of such
assault. The responsibility rests entirely with the State and its officers,
who were under a clear and non-negotiable legal duty to act promptly
and effectively. Every officer who delayed, every authority that remained
inactive, and every institution that failed to function as mandated by law
must be held accountable. The law casts this obligation without
exception, and its breach cannot be excused on any ground.
May 29, 2026
Anil K. Sharma
(Vinod Diwakar, J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad