Minor A Thr Her Mother P vs The State Of Nct Of Delhi And Anr

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of Decision: 13 July, 2026
+ W.P.(CRL) 2009/2026
MINOR A THR HER MOTHER P .....Petitioner
Through: Mr. Anwesh Madhukar with Ms.
Prachi Nirwan, Mr. Pranjal,
Advocates.
versus
THE STATE OF NCT OF DELHI AND ANR .....Respondent
Through: Mr. Amol Sinha, ASC with Mr.
Ashvini Kumar, Mr. Kshitiz Garg,
Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Present petition has been filed by a girl of seventeen years of age.
2. She is a victim of a sexual assault and seeks direction for termination
of her pregnancy.
3. The petition has been filed by her through her mother.

4. The alleged incident is of 22.03.2026.
5. FIR was lodged by the victim herself, in which she claimed that she
was sexually assaulted and raped by her fufa (husband of her paternal aunt)
who forcibly dragged her into his home, switched off the lights and
subjected her to sexual assault. Since she had been threatened by the
perpetrator of the crime that if the abovesaid incident was revealed to
anyone, she would be killed, she remained silent for two-three months.
However, when her menstrual cycle stopped, she informed her mother about
the abovesaid fact and, when they saw a doctor, it came to fore that she was
pregnant.
6. It was in the abovesaid backdrop of the facts that FIR was got
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

registered on 07.07.2026.
7. Mr. Anwesh Madhukar, learned counsel for petitioner submits that the
petitioner and her mother are interested in termination of foetus for the
reason that such pregnancy would result in grave mental anguish and
trauma, not only to the victim, but also to the entire family and, therefore,
victim seeks enforcement of her right to life as enshrined under Article 21 of
Constitution of India.
8. After registering the abovesaid FIR and recording of statement of the
victim, the victim was taken to Lal Bahadur Shastri (LBS) Hospital,
Khichripur, Delhi for medical examination, where it was confirmed that she
was pregnant.
9. She was, later, shifted to Guru Teg Bahadur (GTB) Hospital,
Shahadara, Delhi .
10. A Medical Board was constituted by GTB Hospital, which has
already given its report on 10.07.2026.
11. The termination is being sought as the pregnancy in question is
beyond 24 weeks.
12. Mr. Madhukar, learned counsel for petitioner is, however, not certain
about the decision of the Medical Board.
13. Learned Additional Standing Counsel for the State, who appears with
the concerned IO, has brought the entire file which also contains the
resolution of the Medical Board, headed by Dr. Sandhya Jain (officiating
HOD).
14. The child (victim herein) was assessed by the Medical Board and the
following aspects were considered by the Board which read as under:-
“ The Medical Board Meeting was called in Obstetrics and Gynaecology
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

departmental library 7" floor, MCH block on 10/07/2026 at 11 am, under
the chairmanship of officiating HOD Department of Obstetrics and
Gynaecology, for decision of MTP on the request of mother, for a minor
sexual assault survivor referred from LBSH bearing MLC number 384/26
in connection with FIR No. 026l
The meeting was attended by following:
1. Dr. Sandhya Jain (Officiating HOD) Chairperson
2. Dr: Rashmi Gera (CMO NFSG) E.P. incharge Member secretary
3. Dr. Abha Sharma (Sr. Specialist. OBG) Member
4. Dr. Sumit (Assistant prof.. Radiology) Member
3. Dr. Ravi Sachan (Prof., Paediatrics) Member
6. Dr. Seema Rani (Assistant professor, Psychiatry) Member
7. Dr. Archana Choudhary (Consultant - Unit 3) Co-opted member
8. Dr. Vikram Bhaskar (Professor, Paediatrics and nodal officer QAC)
Member The child was assessed by the medical board.
• Client referred from LBSH in view of minor with advanced Period of
gestation needing board approval for termination of pregnancy.
• Client does not have Aadhar card or birth certificate. Age verified by
class certificate. Age as per class 1 certificate is 13 years 9 months.
• Age changed by hand on the admission sheet by unit consultant in
board's presence.
• Patient is in stress but does not require treatment - as opined by
psychiatry board member.
• All the members of the board unanimously agreed upon termination of
pregnancy as requested by the guardian (mother Mrs. pooja)
• Informed consent was read out and explained to the client and guardian
in her own language in the presence of WHC Mrs. Poonam (2810)”

15. As per the final opinion of the Medical Board, the termination of the
pregnancy has been allowed. The Board has also observed that she is
physically fit to undergo termination of pregnancy. When ultrasound
examination was carried out on 08.07.2026, it did not indicate any
congenital abnormalities and other relevant vitals were found to be normal.
As per the ultrasound report, the period of the pregnancy is of 25 weeks and
5 days. With respect to the fitness of the victim the relevant observations are
as under:
“6. Opinion by medical board for termination of pregnancy:
( ✔ ) a) Allowed
b) Denied
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

Justification for the decision: Minor sexual assault survivor

7. Physical firness of the woman for the termination of pregnancy:
( ✔ ) a. Yes
b. No”
16. The mother of the Victim is present today and she has been duly
identified by the IO and, before proceeding any further in the matter, this
Court had an interaction with her in the Chamber and she was duly apprised
about the various aspects related to request for termination of pregnancy of
her daughter. The Victim is admitted in the Hospital and she has also joined
the proceedings with the help of mobile device of a lady constable, deputed
at the aforesaid hospital.
17. They both in no uncertain terms, want termination of pregnancy.
18. Mr. Anwesh Madhukar, learned counsel for petitioner submits that
minor is victim of sexual assault and she does not want to continue with the
pregnancy in question. He submits that since pregnancy is a direct
consequence of sexual assault, the anguish caused thereby has to be
presumed as a “ grave injury ” to the mental health of the minor in question.
Section 3 of Medical Termination of Pregnancy Act, 1971 (as amended up-
to-date) ( hereinafter referred to as MTP Act ) reads as under: -
3.When pregnancies may be terminated by registered medical
practitioners. — (1) Notwithstanding anything contained in the Indian
Penal Code (45 of 1860), a registered medical practitioner shall not be
guilty of any offence under that Code or under any other law for the time
being in force, if any pregnancy is terminated by him in accordance with
the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be
terminated by a registered medical practitioner,—
(a) where the length of the pregnancy does not exceed twenty weeks, if
such medical practitioner is, or
(b) where the length of the pregnancy exceeds twenty weeks but does not
exceed twenty-four weeks in case of such category of woman as may be
prescribed by rules made under this Act, if not less than two registered
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

medical practitioners are, of the opinion, formed in good faith, that
(i) the continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury to her physical or mental health; or
(ii) there is a substantial risk that if the child were born, it would suffer
from any serious physical or mental abnormality.

Explanation 1.—For the purposes of clause (a), where any pregnancy
occurs as a result of failure of any device or method used by any woman
or her partner for the purpose of limiting the number of children or
preventing pregnancy, the anguish caused by such pregnancy may be
presumed to constitute a grave injury to the mental health of the
pregnant woman.
Explanation 2.—For the purposes of clauses (a) and (b), where any
pregnancy is alleged by the pregnant woman to have been caused by
rape, the anguish caused by the pregnancy shall be presumed to
constitute a grave injury to the mental health of the pregnant woman.
(2A) The norms for the registered medical practitioner whose opinion is
required for termination of pregnancy at different gestational age shall
be such as may be prescribed by rules made under this Act.
(2B) The provisions of sub-section (2) relating to the length of the
pregnancy shall not apply to the termination of pregnancy by the medical
practitioner where such termination is necessitated by the diagnosis of
any of the substantial foetal abnormalities diagnosed by a Medical
Board.
(2C) Every State Government or Union territory, as the case may be,
shall, by notification in the Official Gazette, constitute a Board to be
called a Medical Board for the purposes of this Act to exercise such
powers and functions as may be prescribed by rules made under this Act.
(2D) The Medical Board shall consist of the following, namely:—
(a) a Gynaecologist;
(b) a Paediatrician;
(c) a Radiologist or Sonologist; and
(d) such other number of members as may be notified in the Official
Gazette by the State Government or Union territory, as the case may be.
(3) In determining whether the continuance of a pregnancy would involve
such risk of injury to the health as is mentioned in sub-section (2),
account may be taken of the pregnant woman’s actual or reasonably
foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of
eighteen years, or, who having attained the age of eighteen years, is a
mentally ill person, shall be terminated except with the consent in writing
of her guardian.
(b) Save as otherwise provided in clause (a), no pregnancy shall be
terminated except with the consent of the pregnant woman.”

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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

(Emphasis supplied)

19. Explanation 2 talks about anguish caused by any such pregnancy and,
therefore, aspect related to grave injury to the mental health of any such
pregnant woman is, clearly, comprehensible.
20. MTP Act does not provide for termination of pregnancy over the
gestational age 24 weeks, except where there is detection of any substantial
foetal abnormality and, therefore, the minor-victim has been compelled to
file the present petition, through her mother.
21. There is no qualm with respect to the fact that the extraordinary
jurisdiction of the Constitutional Courts can be invoked in such a situation
and wherever found so permissible, the pregnancy can be directed to be
terminated. This Court in S Vs. State: 2025 SCC OnLine Del 3863 has
observed as under:-
“.......
..........
27. This position was affirmed by the Hon’ble Supreme Court in case of A
(Mother of X) v. State of Maharashtra & Anr.: Civil Appeal No. 5194 of
2024, wherein the Court had allowed termination of pregnancy of more
than 29 weeks being carried by a rape victim. Prior thereto also, in case of
Venkatalakshmi v. State of Karnatka & Ors.: Civil Appeal No. 15378 of
2017, the Hon’ble Supreme Court had permitted termination of a pregnancy
at 26 weeks on the basis of severe mental trauma caused by rape.

28. This Court, including this Bench, has passed similar directions in other
similar cases, where continuation of pregnancy beyond 24 weeks posed
serious risks to the mental or physical health of the woman, especially in
cases arising from sexual assault.”

22. In Venkatalakshmi v. State of Karnatka: 2017 SCC OnLine SC 2156,
minor was subjected to a sexual assault and on her medical examination and
investigation, she was found to be of 26 weeks gestation with mild anaemia
and the Hon’ble Supreme Court, keeping in mind the overall facts of the
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

matter and the fact that such minor was a victim of rape, directed termination
of pregnancy, while also directing that all the safety aspects be kept in mind,
while terminating such pregnancy.
23. Mr. Anwesh Madhukar, learned counsel for the petitioner, while
referring to one decision given by this Court in A1 v. State, 2025 SCC
OnLine Del 4645 has also relied upon another judgment passed by this
Court in X v. State (NCT of Delhi), 2025 SCC OnLine Del 2506.
24. There is no documentary proof with respect to the exact age of the
Victim. As per the FIR, though, victim claimed herself to be of 17 years of
age, the Medical Board, somehow, mentioned her age as 13 years and 9
months.
25. Her mother, during the interaction, stated that there is no documentary
proof with respect to her age.
26. As per specific allegations appearing in the FIR, the case is of sexual
assault/rape and victim in her statement also categorically claimed that
sexual assault was forcible in nature; against her will and consent.
27. There is nothing in the report of the Medical Board or ultrasound
which may indicate that the victim is physically unfit to undergo medical
termination of pregnancy. The report, as already noticed above, indicates her
physical fitness to undergo such termination and all the members of the
Medical Board have also unanimously, agreed upon termination of
pregnancy as requested by her guardian i.e. her mother.
28. This Court comprehends the grave mental injury and trauma inflicted
upon the mind of a minor, on account of sexual assault in question.
Reference be also made to C Vs. State (NCT of Delhi): 2024 SCC OnLine
Del 5617 wherein Co-ordinate Bench of this Court has observed as under:-
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

“16. The Petitioner's plea is also rooted in her fundamental rights
under Suchita Srivastava v. Chandigarh Admn. (2009) 9 SCC 1 (2023) 9
SCC 433 Article 21 of the Indian Constitution, which guarantees personal
liberty. This liberty encompasses the right to make reproductive choices,
including the termination of pregnancy under conditions that pose a risk to
the woman's mental health and well-being. The Supreme Court of India
has affirmed these rights, emphasizing the importance of considering the
woman's current health, her life's conditions, and her future well-being
while making such decisions. Therefore, it is clear that a pregnant
woman's bodily autonomy and right of self-determination is an intrinsic
part of her fundamental rights enshrined under Article 21 of the
Constitution.”

29. Keeping in mind the overall facts and circumstances of the case, the
wish and desire of minor as well as her mother and the opinion given by
Medical Board, which also permits termination of pregnancy, the concerned
hospital i.e. GTB Hospital is directed to carry out procedure of medical
termination of pregnancy at the earliest with the following directions: -
(i) Petitioner, who is already admitted at GTB Hospital, is allowed
termination of her pregnancy.

(ii) Let the aforesaid procedure be carried out by a team of
competent doctors in accordance with the provisions of MTP Act and
the relevant Rules and Regulations and Guidelines prescribed for the
aforesaid purpose.

(iii) Complete record of such procedure, performed upon the minor
for the purposes of termination of said pregnancy, shall be maintained
by the Medical Board. The tissue of the foetus would be preserved as
same might be required for DNA profile and for investigational
purposes.

(iv) Needless to say, State shall bear all the expenses necessary for
the termination of the pregnancy of the minor in question and her stay
at the hospital during such period. The expenditure towards post-
operative period shall also be borne by the State.

(v) If the child is born alive, Medical Superintendent, GTB
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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37

Hospital, in conjunction with the State Authorities, would ensure that
every possible and feasible assistance is offered to such child.
Intimation in this regard shall be given to the concerned Child Welfare
Committee and as and when so required, the further directions be
sought from Child Welfare Committee. In such a situation, as per wish
of minor and her mother, such child may be given in adoption as per
prescribed procedure.

30. Present petition stands disposed of in aforesaid terms.
31. A copy of this order be given dasti under the signatures of the Court
Master.

(MANOJ JAIN)
JUDGE
JULY 13, 2026/ sw/pb


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Signed By:SONIA
THAPLIYAL
Signing Date:14.07.2026
16:49:37