Court Permits Termination of Pregnancy Beyond 24 Weeks for Minor Sexual Assault Survivor Under Article 21.

The Petitioner, a seventeen-year-old minor, was allegedly sexually assaulted and raped by her fufa (paternal uncle-by-marriage) on March 22, 2026.

Due to death threats from the perpetrator, she remained silent until her menstrual cycle stopped.

An FIR was registered on July 7, 2026, after a medical examination confirmed pregnancy.

The victim and her mother sought a writ for the termination of the pregnancy, which was calculated to be at 25 weeks and 5 days of gestation—beyond the statutory 24-week limit.

A Medical Board constituted at GTB Hospital assessed the victim as "physically fit" for the procedure and unanimously recommended the termination.

Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971, specifically Explanation 2, which mandates a legal presumption that pregnancy caused by rape constitutes a "grave injury to the mental health of the pregnant woman".

Constitutional principles under Article 21 regarding reproductive choices and bodily autonomy as affirmed in Suchita Srivastava v. Chandigarh Admn.

Precedents like A (Mother of X) v. State of Maharashtra and Venkatalakshmi v. State of Karnataka, where the Supreme Court permitted terminations beyond 24 weeks for rape survivors to prevent severe mental trauma.

The court reasoned that while the MTP Act generally prohibits termination beyond 24 weeks absent fetal abnormalities, the extraordinary jurisdiction of Constitutional Courts can be invoked to protect the victim’s right to life and mental well-being.

The court observed that the pregnancy was a direct consequence of a forcible sexual assault, which per Explanation 2 of Section 3 of the MTP Act, creates an irrebuttable presumption of "grave injury" to mental health.

The court verified the "physical fitness" of the minor through the Medical Board’s report and personally interacted with the petitioner’s mother and the victim via video link to confirm their "unwavering" desire to terminate.

It concluded that forcing a minor to carry a pregnancy resulting from rape would exacerbate her trauma and violate her fundamental rights under Article 21.

The Court allowed the petition and directed GTB Hospital to carry out the medical termination of the pregnancy at the earliest; preserve fetal tissue for DNA/investigative purposes; ensure the State bears all medical expenses; and provide assistance/adoption protocols should the child be born alive.

The petition was disposed of with dasti (immediate) service of the order.