S (Mother Of N) vs The Union Of India And Ors

Court
Delhi High Court

$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4967/2026
Date of Decision: 21.04.2026
IN THE MATTER OF:
S (MOTHER OF N) .....Petitioner
Through: Dr. Amit Mishra, Advocate.

versus

THE UNION OF INDIA AND ORS .....Respondents
Through: Dr. Monika Arora, CGSC with Mr.
Subhrdeep Saha, Ms. Anamika
Thakur & Mr. Abhinav Verma,
Advocates.
Mr. Rahul Choudhary, GP for UOI.

CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
J U D G E M E N T

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The petition is for directions to respondent no.3 – All India Institute
of Medical Science [ AIIMS ] to permit medical termination of pregnancy of
minor ‘N’, the daughter of the petitioner. The pregnancy arose out of a
consensual relationship between minor-N and a minor boy aged around 17
years. Her pregnancy is now more than 27 weeks.
2. The matter was earlier called out for hearing on 15.04.2026 and
considering that the prayer is for termination of a pregnancy which is more
than 24 weeks old, the Court directed for examination by a Medical Board to
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:21.04.2026
19:51:15
Page 1 of 4

be constituted by AIIMS, of physical and psychological effects of
continuation of the pregnancy, on minor-N.
3. Pursuant to the directions passed by the Court, the Medical Board
constituted by AIIMS has submitted a report dated 18.04.2026. The relevant
portion of the report is extracted as under:

“XXXX XXXX XXXX
5. Opinion by Medical Board for termination of pregnancy:
(a) Allowed ( )
(b) Denied ( ) Not Advisable ( ✔ )
Justification for the decision:
The Medical Board deliberated on the issue thoroughly about the
effect of pregnancy and it wishes to humbly submit that carrying out
pregnancy termination at the given gestation of 27 weeks 1 days
carries significant dangers to the mother and baby, and it will be
detrimental to the health of both the mother and the baby.
1. The Medical Board, conducted a through clinical assessment,
including obstetric ultrasound, psychiatric and psychological
evaluation.
2. The continuation of pregnancy on the minor is less likely to have
any adverse effects on the baby or the mother. Psychiatric and
Psychological assessment of minor „N‟ revels no major psychiatric
disorder in the past or at this point of time. However, she shows
signs of emotional distress and adjustment difficulties related to the
pregnancy.
Comments:
1. At this gestational age, medical termination of pregnancy entails
significant risks to the mother, including an increased risk of
cesarean section and/or instrumental delivery which could adversely
affect her future reproductive health.
2. The baby at this gestation would be born alive and would require
active resuscitation at birth. The baby would require long-term
neonatal ICU care, including invasive ventilation, before being fit to
be transitioned to care by the child welfare services. The baby may
suffer from significant morbidities which may have long term impact
on the baby‟s growth and development. The child may require early
developmental support and rehabilitation post-discharge and may
bear the sequelae of these morbidities for a lifetime.
3. The prolongation of pregnancy for another 6 to 8 weeks until the
gestation of 34 weeks or so would be in the best interest of both
mother and baby and there will be no physical effects on the minor.
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:21.04.2026
19:51:15
Page 2 of 4

4. In case the Hon‟ble court considers permitting termination of
pregnancy at this stage, clear guidance would be necessary on the
management of the live fetus/neonate, given the viability of the fetus
at this gestational age.
5. Physical fitness of the woman for the termination of pregnancy:
✔
Yes ( )
No ( ) ”
(Emphasis supplied)

4. Learned counsel appearing for the parties have placed reliance on
various decisions to support their contentions. The matter is highly
sensitive, and the Court has thoroughly examined all the decisions and has
also considered the applicable provisions. However, for the sake of brevity
and to avoid any delay, all of them are not being specifically dealt with.

5. Of utmost importance is the opinion of the Medical Board on the
effect that the continuation of the pregnancy would have on the minor. It is
of the opinion that continuation of the pregnancy is less likely to have
adverse effects on the minor than termination of the same, which, according
to it, carries significant risks, including to her future reproductive health.
The psychiatric and psychological assessment of minor-N has not revealed
any major psychiatric disorder in the past or at this point of time, and only
some signs of emotional distress and adjustment difficulties related to
pregnancy were seen. More importantly, as per the Medical Board, in case
of delivery at present, the baby would be born alive, although it would
require active resuscitation at birth.
6. For all those reasons and keeping in mind the fact that the medical
termination of the pregnancy may entail significant risk to the mother,
including an increased risk of cesarean section and/or instrumental delivery
which could adversely affect her future reproductive health, the Court is not
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:21.04.2026
19:51:15
Page 3 of 4

inclined to accede to the prayer made herein. The fetus is of about 28 weeks
by now.
7. The decision relied upon by the petitioner in the case of A (Mother of
1
X) v. State of Maharashtra , shows that in that case, the Medical Board was
of the opinion that termination of the pregnancy therein would not entail any
major danger to the health of the mother.
8. The Supreme Court in the case of A (Mother of X) v. State of
2
Maharashtra, has held that the Court must consider the opinion of the
Medical Board on effect of the continuation/termination of the pregnancy on
the physical and mental health of the pregnant woman.
9. Considering the opinion of the Medical Board, the Court is not
inclined to permit the termination of pregnancy in the present case. For all
those reasons, the writ petition is dismissed.
10. Order dasti .


(PURUSHAINDRA KUMAR KAURAV)
JUDGE
APRIL 21, 2026
tr

1
Judgment dated 06.02.2026 in SLP (C) 4774 of 2026
2
2024 INSC 371
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:21.04.2026
19:51:15
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