Victim 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 VISHAL MISHRA
th
ON THE 20 OF MARCH, 2026
WRIT PETITION No. 9955 of 2026
VICTIM X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Papiya Ghosh - Advocate for petitioner.
Shri A.S. Baghel - Govt. Advocate for respondents/State.
ORDER
This petition is filed seeking the following reliefs :
(i) That, by issuance of a writ of quo warranto and mandamus,
direction be issued for terminate the pregnancy occurred by petitioner's
daughter, in the interest of justice.
(ii) Issue a writ of mandamus to direct that if the medical board not
concern the termination of pregnancy after the delivery the child
should be handed over to the responsible person or society because of
the petitioner daughter is minor and petitioner is also not capable to
supported to the child, therefore this Hon'ble Court given
best opportunity to the future of minor child, in the interest of justice.
(iii) That, any other relief which this Hon'ble Court may deem fit in the
facts and circumstances of the case may also be awarded together with
awarding the cost of these proceedings.
2. The facts of the case, in substance, are that the victim who is a minor
daughter of the petitioner aged about 15 years is a rape victim. It is alleged
that the victim was sexually assaulted and raped by accused against which an
FIR as Crime No. 106 of 2026 for the offences under Sections 65(1), 64(2)
(m), 64(2)(f) of the BNS and Section 5l/6 of the POCSO Act has been
registered at Police Station Koh-e-Fiza District Bhopal (M.P.). During
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VISHWAKARMA
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medical examination, the victim was found to be pregnant.

3. It is submitted that the petitioner's daughter being a rape victim, is
having every right to get the termination of her pregnancy. The report of the
Medical Board/MTP Committee comprising of HODs of Pediatrics,
Radiodiagnosis, Medicine, Pathology and Obstetrics and Gynecology of the
Gandhi Medical College dated 20.03.2026 is produced before this Court, the
relevant extracts thereof read as follows :
The gestational age of the fetus is more than 24 weeks (as per
ultrasound) hence medical termination can not be performed as per
MTP act amendment 2021. In case of permission or order of MTP by
honorable court such termination can be performed with all the
explained risk of anticipated and unanticipated complications related to
termination of such high risk teenage pregnancy. Termination of
pregnancy at this gestational age and continuation of pregnancy, both,
carries risk of complications.
4. There is a bar under the Medical Termination of Pregnancy
Amendment Act, 2021. For terminating pregnancies exceeding 24 weeks, it
is observed that termination can be performed with all the explained risk of
the anticipated and unanticipated complications in relation to termination of
Rh negative teenage pregnancy (high risk), provided risk of termination is
same at this gestation and full term pregnancy. The report clearly indicates
that the pregnancy can be terminated subject to certain risks. The risk factors
will always be explained to the victim.
5. The relevant provisions under the Medical Termination of Pregnancy
Act, 1971 which deal with the cases of termination of pregnancy are as
under:
3. When pregnancies may be terminated by registered medical
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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) ...
(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 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) ...
...
5. Sections 3 and 4 when not to apply . - (1) The provisions of Section
4, and so much of the provisions of sub-section (2) of Section 3 as
relate to the length of the pregnancy and the opinion of not less than
two registered medical practitioners, shall not apply to the termination
of a pregnancy by a registered medical practitioner in a case where he
is of opinion, formed in good faith, that the termination of such
pregnancy is immediately necessary to save the life of the pregnant
woman.

6. Regarding the consent, in the case of A vs State of Maharashtra,
reported in (2024) 6 SCC 327, the Hon'ble Supreme Court has held as under
:
"25. From a perusal of the MTP Act, its Statement of Objects and
Reasons as well as the recommendation of the Shah Committee which
examined the issue of liberalising abortion laws in India, [Report of the
Committee to Study the Question of Legalisation of Abortion, Ministry
of Health and Family Planning, Government of India, dated December
1966.] two clear postulates emerge as to the legislative intent of the
MTP Act. Firstly, the health of the woman is paramount. This includes
the risk avoided from the woman not availing unsafe and illegal
methods of abortion. Secondly, disallowing termination does not stop
abortions, it only stops safe and accessible abortions. The opinion of
the RMP and the Medical Board must balance the legislative mandate
of the MTP Act and the fundamental right of the pregnant person
seeking a termination of the pregnancy. However, as noticed above and
by this Court in X v. State (NCT of Delhi) [X v. State (NCT of Delhi),
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NEUTRAL CITATION NO. 2026:MPHC-JBP:23499
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(2023) 9 SCC 433] the fear of prosecution among RMPs acts as a
barrier for pregnant people in accessing safe abortion. Further, since
the MTP Act only allows abortion beyond twenty-four weeks if the
foetus is diagnosed with substantial abnormalities, the Medical Board
opines against termination of pregnancy merely by stating that the
threshold under Section 3(2-B) of the MTP Act is not satisfied. The
clarificatory report dated 3-4-2024 fell into this error by denying
termination on the ground that the gestational age of the foetus is
above twenty-four weeks and there are no congenital abnormalities in
the foetus.
....
35. In Suchita Srivastava v. Chandigarh Admn. [Suchita Srivastava v.
Chandigarh Admn., (2009) 9 SCC 1 : (2009) 3 SCC (Civ) 570] , a
three-Judge Bench of this Court has held that the right to make
reproductive choices is a facet of Article 21 of the Constitution.
Further, the consent of the pregnant person in matters of reproductive
choices and abortion is paramount. The purport of this Court's decision
in Suchita Srivastava [Suchita Srivastava v. Chandigarh Admn., (2009)
9 SCC 1 : (2009) 3 SCC (Civ) 570] was to protect the right to abortion
on a firm footing as an intrinsic element of the fundamental rights to
privacy, dignity and bodily integrity as well as to reaffirm that matters
of sexual and reproductive choices belong to the individual alone. In
rejecting the State's jurisdiction as the parens patriae of the pregnant
person, this Court held that no entity, even if it is the State, can speak
on behalf of a pregnant person and usurp her consent. The choice to
continue pregnancy to term, regardless of the court having allowed
termination of the pregnancy, belongs to the individual alone.

7. The Hon'ble Supreme Court in a series of judgments had an occasion
to consider the aspect of termination of pregnancies exceeding 24 weeks and
in the case of X vs Principal Secretary, Health and Family Welfare
Department reported in AIR 2022 SC 4917, the Hon'ble Supreme Court has
considered the aforesaid aspect of the matter including the choice of the
woman to get the pregnancy terminated and other socio-economic factors
including the physical health condition of the woman has permitted for
terminating the pregnancy. The aforesaid judgment was again followed by
the Hon'ble Supreme Court in the case of XYZ vs State of Gujarat and
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others, reported in 2023 SCC OnLine SC 1573, wherein the Hon'ble

Supreme Court taking note of several aspects of the matter has permitted for
termination of pregnancy. It has been held as under :
17. More recently, in the case of X v. The Principal Secretary, Health
and Family Welfare Department, Government of NCT of Delhi, AIR
2022 SC 4917; this Court, in another three-judge Bench lead by Dr.
D.Y. Chandrachud, J. (as the learned Chief Justice then was) observed
that a woman can become pregnant by choice irrespective of her
marital status. In case the pregnancy is warranted, it is equally shared
by both the partners. However, in case of an unwanted or incidental
pregnancy, the burden invariably falls on the pregnant woman
affecting her mental and physical health. Article 21 of the Constitution
recognizes and protects the right of a woman to undergo termination of
pregnancy if her mental or physical health is at stake. Importantly, it is
the woman alone who has the right over her body and is the ultimate
decision-maker on the question of whether she wants to undergo an
abortion.
18. In the context of abortion, the right of dignity entails recognising
the competence and authority of every woman to take reproductive
decisions, including the decision to terminate the pregnancy. Although
human dignity inheres in every individual, it is susceptible to violation
by external conditions and treatment imposed by the State. The right of
every woman to make reproductive choices without undue interference
from the state is central to the idea of human dignity. Deprivation of
access to reproductive healthcare or emotional and physical well-being
also injures the dignity of women.
19. The whole object of preferring a Writ Petition under Article 226 of
the Constitution of India is to engage with the extraordinary
discretionary jurisdiction of the High Court in exercise of its
constitutional power. Such a power is vested with the constitutional
courts and discretion has to be exercised judiciously and having regard
to the facts of the case and by taking into consideration the relevant
facts while leaving out irrelevant considerations and not vice versa.
20. In view of the above discussion and on perusal of the latest medical
report we permit the appellant to terminate her pregnancy. We direct
the appellant to remain present before the KMCRI Hospital, Bharuch,
Gujarat during the course of the day, today (21.08.2023) or 09 : 00
A.M. tomorrow (22.08.2023) as she deems fit so that the termination of
pregnancy could be carried out preferably during the course of the day
today (21.08.2023) or tomorrow i.e. 22.08.2023.
21. Subsequently to the medical procedure to be carried out either
today or tomorrow, in the event, the foetus is found to be alive, the
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NEUTRAL CITATION NO. 2026:MPHC-JBP:23499
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hospital shall give all necessary medical assistance including
incubation either in that hospital or any other hospital where incubation
facility is available in order to ensure that the foetus survives. Further,
in case the foetus survives, then State shall take steps for ensuring that
the child could be adopted in accordance with law.
22. At this stage, learned Senior Counsel for the appellant sought a
direction to the concerned doctors to preserve evidence for subsequent
DNA Test Report by drawing tissues from the foetus in order to use it
as a piece of evidence in the ensuing trial to be prosecuted by the
appellant herein. We direct the concerned medical experts to have
regard to the feasibility of such a procedure being done, in the event of
the foetus being alive or in the event the foetus not being alive or is still
born and accordingly take steps as sought for by the appellant herein.
23. It is needless to observe that in the event tissues are drawn for the
purpose of DNA test the same shall be handed over to the investigating
agency by the concerned hospital.
24. A copy of this order passed today be handed over to learned Senior
Counsel for the appellant and learned Standing Counsel for the State of
Gujarat.
25. The appeal is allowed in the aforesaid terms.
26. Pending application(s), if any, shall stand disposed of.

8. If the aforesaid proposition of law is applied to the facts of the present
case, then it is seen that the choice to continue pregnancy to term, regardless
of the court having allowed termination of the pregnancy, belongs to the
individual alone. Further, the consent of the pregnant person in matters of
reproductive choices and abortion is paramount. Even the MTP Act,
particularly clause (4) of Section 3, speaks of the same. As already pointed
out hereinabove that clause (4)(b) of Section 3 of the MTP Act clearly
provides for that "... no pregnancy shall be terminated except with the
consent of the pregnant woman".
9. In the present case, the petitioner's daughter is a rape victim. She is
carrying pregnancy of more than 29 weeks and has been caused on account
of the girl being raped. The counselling report of the victim and her parents
is produced by the State counsel which reads as under :
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NEUTRAL CITATION NO. 2026:MPHC-JBP:23499
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Counselling Report of Victim



काउंसिलंग करने पर बािलका ने बताया क उसके मामा ारा उसके साथ
5-6 -
जबरज ती गलत काम कया गया और डर धमकाकर बार बह ं घटना
6
क  । माह तक जब मुझे पी "रयड नह ं आया तब माता उसे हॉ %पटल ले गई
29 9th
वहां पता चला क वह स )ाह क  गभ +वती है। उसने बताया क वह अभी

क  पर .ा दे रह  है और वह इस ब 1चे को रखना नह ं चाहती 4य5क वह अभी

आगे पढ़ना चाहती है।

उसे बताया गया क अभी गभ + म 7 8यादा मह ने हो गए है गभ +पात क 
CWC
परिमशन नह ं िमलने पर ब 1चे का ज ;म तो ब 1चा के मा <यम से
हुआ

िशशु गृह म 7 रखवा दया जा सकता ह > ।
Counselling Report of Mother


बािलका क  माता से बातचीत करने पर उसने बताया क वह घरेलू कामकाज
* 9th ,
करती है पित  करती है। मेर  बेट  जो क क .ा म 7 पढ़ती है
मजदूर
6
जब उसे माह तक पी "रय@स नह ं आए तो म > उसे हॉ %पटल लेकर गई जहां
29
डॉ 4टर ने उसके स )ाह क  गभ +वती बताया पूछने पर उसने बताया क
6-7
उसके मामा ारा उसके साथ बार गलत काम कया गया था। इसके बाद
FIR
कभी कोहे फजा थाने म 7 दज + गभा +वथा समा ) करने को लेकर जब
हुई।

उनसे बात क  गई तो उ ;ह5ने कहा क बेट  अभी नाबािलग है और पढ़ाई कर

रह  है। ब 1चे क  %जCमेदार नह ं उठा सकती इसिलए हम उसका एबोस +न

कराना चाहते ह > । उसक  माता को उसके वाEय को लेकर बात क  गई। उ ;ह7

बताया गया क य द गभ +पात न होने क  %थित म 7 ब 1चा होता है तो उसे
CWC
के मा <यम से िशशु गृह म 7 रखवाया जा सकता है।
Counselling Report of Father

बािलका के Fपता से बात करने पर उ ;होने बताया क वह  करते ह >
मजदूर
3 *
उनके ब 1चे है उनक  बड़  बेट  को जब हॉ %पटल जांच के िलए ले जाया
29
गया तब वहां पता चला क वह स )ाह क  गभ +वती है। चूं क वह अभी केवल
15 9th
वष + क  है और म 7 पढ़ रह  है हम उसका गभ +वथा समा ) करवाना

चाहते ह > । उ ;ह7 बताया गया क समय 8यादा हो जाने के कारण हाई कोट + से

परिमशन लेना पडता है उ ;होने कहा क म > इसके िलए तैयार हूँ। उ ;ह7 बताया

गया क य द हाई कोट + से एवोश +न क  परिमशन नह ं िमलेगी तो ब 1चा होने
CWC
क  %थित म 7 ब 1चे को ारा िशशु गृह म 7 रखवाया जा सकता है। उ ;ह7

बािलका के वाEय को कर भी समझाइश द  गई।
10. The other family aspects are also required to be considered in such
cases. The documents produced by the State counsel are taken on record.
Under these circumstances, as the victim and her parents have shown their
willingness for termination of pregnancy and following the judgments passed
by the Hon'ble Supreme Court in the aforesaid cases, this Court deems it
appropriate to permit the termination of pregnancy of the victim subject to
the following directions :
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(i) The victim along with her parents to remain present before the

Gandhi Medical College Bhopal at the earliest, today or tomorrow,
so that the termination of pregnancy can be carried out as
expeditiously as possible. A specialised team of Doctors shall take
a decision regarding termination of pregnancy.
(ii) The procedure of termination of pregnancy will be carried out
in the presence of the expert team of doctors. The expert doctors
will explain to the family members as well as the victim the risk of
getting the termination of her pregnancy and also other factors.
(iii) Every care and caution will be taken by the doctors while
terminating the pregnancy. All medical attention and other
medical facilities including that of a presence of a Pediatrician as
well as a Radiologist and other required doctors will be made
available to the victim.
(iv) The post operative care up to the extent required, will be
extended to the victim. It will be the duty of the State Government
to take care of the child, if born alive.
(v) The doctors will also ensure that a sample from the fetus is
protected for DNA examination and as and when required will be
handed over to the prosecution for using in the criminal case itself.
(vi) All necessary care and caution be taken by the doctors while
carrying out the procedure for termination of pregnancy.
(vii) Considering the finding of the Medical Board, the Hospital
and its medical team would take care to ensure sensitive treatment
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and handling of the petitioner in connection with all procedures,

whether medical or administrative, keeping her emotional and
mental health at the forefront.
(viii) The copy of the order be supplied to the Dean, Gandhi
Medical College, Bhopal for further action.
11. It is made clear that in case the victim and her parents are not ready to
keep the child if born alive, then they may hand over the child to the State
authorities/CWC after a period of 15 days from the date of his/her birth. The
child if born alive will remain with the mother/victim for 15 days from date
of birth for the purpose of breast feeding. The CWC will be at liberty to give
the child on adoption to any willing family in accordance with law. The State
authorities are directed to ensure the privacy of the victim and any
information including family details should not be published in any form of
media which could lead to the identification of the victim. The said
directions are being issued looking to the welfare of the child so that his/her
upbringing can be taken care of.
12. In above terms, the petition is disposed of finally.
Let a copy of this order be forwarded to the counsel for the State,
Special Judge and Superintendent of Police, Bhopal for further action.
(VISHAL MISHRA)
JUDGE
VV

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VISHWAKARMA
Signing time: 20-03-2026
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