Deepu Singh vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court
Decided on: 10-04-2026

<div> NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 1 WP-12817-2026 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 10 OF APRIL, 2026 WRIT PETITION No. 12817 of 2026 DEEPU SINGH AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance: Shri Vikas Samadhiya - Advocate for the petitioners. Shri Dharmendra Nayak - GA for the respondents/State. ORDER By way of this writ petition under Article 226 the Constitution of India, the petitioners are seeking following reliefs: "1) This Hon'ble Court may kindly be pleased to allow this petition and grant a permission to petitioner No.2 for the medical termination of pregnancy caused due to the offence committed as per FIR 0027/2026 (Annexure P-1) in the care of Petitioner No.1 at a Government Hospital forthwith; 2) This Hon'ble Court may also kindly be pleased to Direct the Respondents to constitute a Medical Board immediately, if required, or consider the report as annexed as Annexure P-2, to assess the gestational age and medical feasibility; 3) This Hon'ble Court may kindly be pleased to Direct that the termination be conducted at District Hospital, Bhind ог any other Government Medical College/Hospital, free of cost and with due care; 4) Direct that the identity and privacy of the petitioner be protected at all stages; 5) Any other relief which this Hon'ble Court deems fit in the facts and circumstances may also kindly be allowed. 6) Cost of the petition may kindly be awarded." 2. It is the case of the petitioners that the present petition has been filed on behalf of Petitioner No. 2, a 30-year-old widow woman who is deaf, hard of hearing, and suffers from speech impairment. She is a victim of sexual assault and seeks urgent permission for termination of an unwanted pregnancy caused due to the commission of a heinous offence. The petitioners belong to an economically Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 2 WP-12817-2026 weaker section of society. Petitioner No. 1, the brother of Petitioner No. 2, is an agriculturist and her primary caregiver. Petitioner No. 2 had been residing at her matrimonial home in Village Khaneta, District Bhind. She was married approximately ten years ago and has two minor daughters aged about 8 and 6 years. Her husband passed away in an accident around four years ago, leaving her in a vulnerable condition. After her husband’s death, Petitioner No. 2 suffered severe mental trauma and, due to her disabilities, has not been in full control of her mental and communicative faculties. Petitioner No. 1 has been taking care of her by regularly visiting her matrimonial home. However, due to agricultural work, he could not visit her for about five months. When he visited on 11.03.2025, he found her being brutally assaulted by her in-laws, namely her mother-in-law Mithlesh, father-in-law Ajab Singh, and brothers-in-law Godan and Karu. He immediately rescued her and lodged FIR No. 0027/2026 (Annexure P- 1). At that time, due to trauma and disability, she could not fully communicate the sexual assault. Subsequently, upon complaint of abdominal pain, she was taken to Community Health Centre, Gohad, where it was revealed that she was carrying a pregnancy of approximately 18 weeks. The said pregnancy was later understood to be the result of repeated sexual assault. Despite being informed and provided medical records, the police failed to take appropriate action or incorporate the offence of sexual assault in the FIR. It is submitted that the pregnancy is a result of non-consensual acts committed under coercion and fear. The continuation of such pregnancy is causing her severe physical pain, mental trauma, emotional distress, and social stigma, resulting in irreparable psychological injury. It is submitted that continuation of the pregnancy would gravely prejudice her mental health, dignity, bodily autonomy, and future prospects, and would amount to Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 3 WP-12817-2026 further victimization of the prosecutrix. The pregnancy has been caused without the free will and consent of petitioner No.2, and therefore, she seeks termination of the said unwanted pregnancy by way of the present petition. 3. As per the directions issued by this Hon’ble Court on 08.04.2026, a report concerning the feasibility and advisability of medical termination of pregnancy of the victim was sought from the Medical Board constituted at Kamlaraja Hospital and G.R. Medical College, Gwalior. In compliance with the said directions, the report dated 09.04.2026 has been submitted before this Court. The contents of the report dated 09.04.2026, as furnished by the Medical Board, are reproduced hereinbelow: काया लय सूित एवं ी रोग वभाग कमलाराजा अ पताल एवं गजराराजा िच कसा महा वालय वािलयर 09.04.2026 बैठक दनांक का काय वाह% ववरण , माननीय म 'यदेश उ +च ,यायालय वािलयर खंडपीठ वािलयर 12817/2026 08.04.2026 /ारा करण ड 01यू.पी. 3. दनांक म 4 जार % आदेश के प 6रपालन म 4 पी डता व78 म 'यदेश शासन आ द । पी डता व:/ 09.04.2026 म 'यदेश शासन के गभ पात कराने हेतु दनांक को दोपहर 12:14 बजे कमलाराजा अ पताल म 4 भत < है। >जसम4 एम.ट %.पी. हुई 09.04.2026 12:30 टिम नेशन के अिभमत देने के संबंध म 4 दनांक को दोपहर बजे मे डकल बोड क A बैठक का आयोजन कया गया है। बैठक म 4 सभी सद य , उप >थत डकल बोड के सद य डॉ. पुनीत र तोगी ा'यापक एवं हुये।मे , , , वभागा'यD का डयोलॉजी वभाग डॉ. वृ ,दा जोशी ा'यापक एवं , , , वभागा'यD सूित एवं ी रोग वभाग डॉ. अजय गौड ा'यापक एवं , , , वभागा'यD बाल एवं िशशु रोग वभाग डॉ. मेधा िम Gल ा'यापक एवं , , ितिनिध वभागा'यD रे डयोलॉजी वभाग डॉ. अंजनी जलज ा'यापक Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 4 WP-12817-2026 , , , एवं वभागा'यD सज र% वभाग डॉ सुधा अयंगर ा'यापक एवं , , वभागा'यD पैथोलॉजी वभाग डॉ. सजय धवले ा'यापक एवं वभागा'यD मे डिसन वभाग उप >थत रहे। उप >थत सभी सद यH /ारा 8312xxxxxxxx पी ड़ता व:8 म 'यदेश शासन मर %ज के आधार काड के के 30 19 5 , अनुसार उ J वष ह Lते दवस का गभ पाया गया है सी. आर कमांक 260800130070 09.04.2026 भत < दनांक को पर %Dण कर उसक A जां◌ंचेां को , भेजा गया। पर %Dण कर उसक A जाँच H का अवलोकन कया गया सभी जाँच H के सामा ,य पाये जाने पर ह % उिचत सु वधा के साथ गभ पात कया सकता है। 4. This Court is presently seized of a matter concerning a 30-year-old widow woman who is deaf, hard of hearing, and suffers from speech impairment, who is carrying a pregnancy resulting from an act of rape. The victim, along with her brother, has unequivocally expressed her unwillingness to continue with the pregnancy and to give birth to a child conceived through such traumatic circumstances. It is to be noted that compelling the victim to carry the pregnancy to term would not only perpetuate her mental and emotional distress but would also subject both the victim and the child to severe social stigma and ostracization. The prospective child, if born, may also be exposed to lifelong psychological and societal challenges owing to the circumstances of birth. In such a situation, the rights, dignity, and mental well-being of the victim must be accorded paramount consideration. 5. The Supreme Court in the case of Murugan Nayakkar Vs. Union of India & Ors. in Writ Petition (Civil) No.749/2017 by order dated 6/9/2017 has held as under:- "The petitioner who is a 13 years old girl and a victim of alleged rape and sexual abuse, has preferred this writ petition for termination of her pregnancy. When the matter was listed on2 8.8.2017, this Court has directed constitution of a Medical Board at Sir J.J. Group of Hospitals, Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 5 WP-12817-2026 Mumbai. Be it noted, this Court had also mentioned the composition of the team of doctors. The petitioner has appeared before the Medical Board on 1.9.2017 and the Medical Board that has been constituted by the order of this Court expressed the opinion that the termination of pregnancy should be carried out. That apart, it has also been opined that termination of pregnancy at this stage or delivery at term will have equal risks to the mother. The Board has also expressed the view that the baby born will be preterm and will have its own complications and would require Neonatal Intensive Care Unit (N.I.C.U.) admission. We have heard Ms. Sneha Mukherjee, learned counsel appearing for the petitioner, Mr. Ranjit Kumar, learned Solicitor General appearing for the Union of India and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra. Considering the age of the petitioner, the trauma she has suffered because of the sexual abuse and the agony she is going through at present and above all the report of the Medical Board constituted by this Court, we think it appropriate that termination of pregnancy should be allowed. In view of the aforesaid premise, we direct the petitioner to remain present at the Sir J.J. Group of Hospitals, Mumbai in the evening of 7.9.2017 so that the termination of pregnancy can be carried out preferably on 8.9.2017. Mr. Nishant R. Katneshwarkar shall apprise the Dean of Sir J.J. Group of Hospitals, Mumbai so that he/she can make necessary arrangements for termination of the pregnancy. A copy of the order passed today be handed over to learned counsel for the petitioner and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra. The writ petition is accordingly disposed of. There shall be no order as to costs." 6. In light of the aforesaid judgment, and having due regard to the condition of the widow lady, the trauma she has endured, and the mental and emotional agony she is presently undergoing, coupled with the medical opinion rendered by the duly constituted Medical Board, this Court is of the considered view that the relief sought by petitioner No. 1 and his sister merits acceptance. Accordingly, the prayer stands allowed. 7. This Court is of the considered opinion that it cannot remain a silent spectator to the trauma being endured by the victim. The Court is, therefore, duty- bound to intervene and take an appropriate decision in the interest of justice. Accordingly, it is directed that the Dean of G.R. Medical College, Gwalior shall constitute an interdisciplinary team of senior and experienced doctors. The said medical team shall undertake the necessary procedure for termination of pregnancy on 11th April, 2026 at 10:00 AM. The widow lady (prosecutrix), along with her brother, shall appear before the medical team and complete all requisite Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 6 WP-12817-2026 consent formalities prior to the procedure. It is further directed that a senior doctor from the Department of Medicine and a senior doctor from the Department of Cardiology shall examine and assess the health condition of the lady prior to the termination procedure, to ensure that all necessary precautions are taken. The Dean is requested to ensure that the team so constituted comprises competent and experienced professionals, keeping in mind the humanitarian considerations involved in the matter. Further, in terms of the law laid down by the Division Bench of the Bombay High Court in Shaikh Ayesha Khatoon Vs. Union of India, reported in 2018 SCC OnLine Bom 11, it is directed that the petitioner No.1 and his sister shall be duly sensitized by the Medical Board/Committee regarding the risks and implications associated with the procedure. It shall be open to the victim, upon such counseling, to undergo the medical termination of pregnancy at her own informed risk and consequences. It is also clarified that the doctors who have rendered their medical opinions in the present matter, and those who will be involved in carrying out the procedure, shall be entitled to immunity from any legal proceedings arising out of or in connection with the said medical termination. 8. It is further clarified that the identity of the victim shall be kept strictly confidential and shall not be disclosed to any person, in order to safeguard her future. It is also directed that no legal claim shall be maintainable against the team of doctors by the girl or her brother, as they have been duly informed of the potential risks and complications involved, and have consented to the procedure with full understanding. Accordingly, the medical team shall not be held liable for any legal consequences arising out of the said procedure. It is further directed that the concerned department of G.R. Medical College, Gwalior, or its affiliated Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:11894 7 WP-12817-2026 institutions, shall undertake DNA sampling of the foetus and preserve the report thereof, to be produced before the competent Court where the related criminal proceedings are pending. 9. With the aforesaid directions, the writ petition stands allowed and disposed of. 10. Let a copy of this order be furnished to the learned Government Advocate free of cost for immediate transmission to the Dean, G.R. Medical College, Gwalior. E-copy/Certified copy be issued as per rules and directions. (MILIND RAMESH PHADKE) JUDGE neetu Signature Not Verified Signed by: NEETU SHASHANK Signing time: 4/10/2026 5:25:55 PM</div>