Prosecutrix X vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
th
ON THE 29 OF MAY, 2026
WRIT PETITION No. 19254 of 2026
PROSECUTRIX X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Veer Vikrant Singh - Dy. Advocate General for the State.
ORDER
The present matter has been received from reference sent by the Trial
Court in the matter of medical termination of pregnancy of minor victim,
then stated to be 15 years and 10 months old. The petitioner is a victim of
sexual offence registered at Crime No.85/2026 at Police Station Ghughri,
District Mandla.
2. The trial Court has preferred the matter because in view of Standard
Operating Procedure (SOP) framed by Division Bench of this Court in Writ
Petition No.5184 of 2025 vide order dated 20/02/2025 the matter of
termination of pregnancy of survivors of sexual assault or rape or incest is
exceeding 24 weeks, has to be referred to the High Court.
3. This Court has gone through the documents placed on record sent
by the trial Court. As per the ultrasound report dated 27/04/2026 the
pregnancy is stated to be 26 weeks and 5 days. From 27/04/2026 another 32
days have lapsed till date and the pregnancy, therefore, would be around 31
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-05-2026
20:15:46

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weeks 2 days as on today. It is certainly not only greater than 24 weeks, but

also greater then 24 weeks by as many as six weeks.
4. This Court has also gone through the opinion of Medical Board
constituted by Civil Surgeon cum Chief Hospital Superintendent, District
Hospital, Mandla, whereby a team of five specialist Doctors have been
constituted comprising of two Gynecologists, one Pediatrician, one
Anesthetic and one female Medical Officer. As per the report of Medical
Board the victim was examined on 12/05/2026 at 11:00 A.M. The date of
birth of victim is 17/05/2010, which means at present she is 16 years of age.
It was found in medical examination that her hemoglobin is 7.5 gm/dl. On
physical examination the tenure of pregnancy was found to be around 28
weeks, which corroborates the ultrasound examination of Medical College
conducted on 27/04/2026, wherein tenure of pregnancy was found to be 26
weeks 5 days. The medical Board has opined that there is a live fetus and it is
viable pregnancy. Medical Board has opined that at this stage of pregnancy,
medical termination of pregnancy is not possible and victim has been advised
to get admitted in District Hospital, Mandla for further treatment.
5. Looking to the jurisdiction of the Court to order medical termination
of pregnancy, for the pregnancies exceeding 24 weeks is very restricted and
usually it is only on the grounds of termination being required to save the life
of pregnant woman or if there are substantial fetal abnormalities as per which
the pregnancy may not be viable. None of the such findings are arrived in the
present case and on the contrary there is categorial opinion of Medical Board
dated 12/05/2026 that medical termination of pregnancy is not possible at
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-05-2026
20:15:46

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this stage. Today when Court is passing the order the tenure of pregnancy is

31 weeks and 2 days.
6. Hon'ble Supreme Court in case of X5 Vs. Union of India &
Another, (2024) 12 SCC 453 has held as under :-

17. Where the length of the pregnancy exceeds twenty weeks but
does not exceed twenty-four weeks, two RMPs must be of the
opinion discussed in the preceding paragraph. The categories of
women where a pregnancy beyond 20 weeks and up to 24 weeks
may be terminated are permitted to be prescribed by rules made
by the delegate of the legislature. Rule 3-B of the MTP Rules (as
amended in 2021) provides grounds for the termination of a
pregnancy up to twenty-four weeks. The termination may be
allowed in the following cases or for the following persons:
(a) Survivors of sexual assault or rape or incest;
(b) Minors;
(c) Change of marital status during the ongoing pregnancy
(widowhood and divorce);
(d) Women with physical disabilities with a major disability in
terms of the criteria laid down under the Rights of Persons with
Disabilities Act 2016;
(e) Mentally ill women including mental retardation;
(f) Foetal malformation that has a substantial risk of being
incompatible with life or where in the event of birth, the child may
suffer from physical or mental abnormalities and be seriously
handicapped; and
(g) Women with pregnancy in humanitarian settings or disaster or
emergency situations as may be declared by the Government.
In X1 v. State (NCT of Delhi) this Court held that the benefits of
Rule 3-B(c) extend equally to both single and married women and
that the benefits of Rule 3B extend to all women who undergo a
change in their material circumstances.
18. Significantly, if in the opinion of an RMP, the termination of a
pregnancy is immediately necessary to save the life of a pregnant
woman, the provisions of Section 3 which relate to the length of
the pregnancy and the opinion of two RMPs shall not
apply. Section 4 (which concerns the place at which a pregnancy
may be terminated) shall not apply to such cases as well. The
design of the statute makes it evident that saving the life of the
pregnant woman is of paramount importance, notwithstanding the
length of the pregnancy.
19. Further, the provisions of Section 3(2) relating to the length of
the pregnancy shall not apply to the termination of a pregnancy by
an RMP, where such termination is necessitated by the diagnosis
of any of the substantial foetal abnormalities diagnosed by a
Medical Board. The Medical Board has the power to allow or
deny the termination of a pregnancy the length of which is beyond
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-05-2026
20:15:46

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twenty-four weeks. It may do so only after ensuring that the
procedure would be safe for the woman at that gestation age and
after considering whether the foetal malformation leads to a
substantial risk of the foetus being incompatible with life, or
where the child (if it is born) may suffer from such physical or
mental abnormalities as to be seriously handicapped. Therefore,
the outer temporal limit within which a pregnancy may be
terminated is lifted in some cases.
20. The position of law can therefore be summarised as follows :


Length of
the
pregnancy
Requirements for termination
Up to
twenty
weeks
Opinion of one RMP in terms of Section 3(2)
Between
twenty and
twenty-
four weeks
Opinion of two RMPs in terms of Section 3(2) read
with Rule 3-B
If the termination is required to save the life of the
pregnant woman, the opinion of one RMP in terms
of Section 5
If there are substantial foetal abnormalities, with the
approval of the Medical Board in terms of Section
3(2-B) Medical Board in terms of Section 3(2-B)
read with Rule 3-A(a)(i)
Beyond
twenty-
four weeks
xx xx xx
29. Under Article 142 of the Constitution, this Court has the power to
do complete justice. However, this power may not be attracted in every
case. If a medical termination were to be conducted at this stage, the
doctors would be faced with a viable foetus. One of the options before
this Court, which the email from Aiims has flagged, is for it to direct
the doctors to stop the heart beat. This Court is averse to issuing a
direction of this nature for the reasons recorded in the preceding
paragraph. The petitioner, too, did not wish for this Court to issue such
a direction. This was communicated by her to the Court during the
course of the hearing. In the absence of a direction to stop the heart
beat, the viable foetus would be faced with a significant risk of lifelong
physical and mental disabilities. The reports submitted by the Medical
Board speak for themselves.
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-05-2026
20:15:46

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7. In view of term of pregnancy which is 31 weeks and 2 days as on

today in the mere opinion of Medical Board whereby Medical Board has
opined against the medical termination of pregnancy looking to the low level
of hemoglobin i.e. 7.8 gm/dl, this Court is not inclined to permit medical
termination of pregnancy at this stage. The case is exactly similar to the case
o f X5 (supra), and in this case also, the heart beat of the nearly fully
developed foetus shall have to be stopped. Therefore, the present petition is
dismissed and permission for medical termination of pregnancy is declined.
8. In case the live birth of child takes place, then the State shall take
full care and protection of the said child and petitioner would be at liberty to
file fresh Writ Petition for the purpose of issuing necessary direction for the
care / foster care of child and the manner in which the care of child has to be
undertaken. The matter shall be referred by the Trial Court to this Court after
obtaining the report as to the birth of the child.
9. In above terms the petition is dismissed.
(VIVEK JAIN)
V. JUDGE
as

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-05-2026
20:15:46