Madras HC Orders Termination Of 17-Year-Old Sexual Assault Victim’s Pregnancy At About 28 Weeks, After She Expressed Her Wish

The petitioner, the mother of D, a 17-year-old, sought termination of D’s pregnancy, which resulted from a relationship with an adult and was treated as sexual assault. The pregnancy was confirmed at a government hospital, and police registered a case under the Bharatiya Nyaya Sanhita and the POCSO Act.

D was admitted to the second respondent hospital; she and her mother consented to termination. A scan assessed the pregnancy at approximately 28 weeks.

The petitioner sought a direction for termination under Section 5 of the Medical Termination of Pregnancy Act, 1971, relying on the Medical Board’s opinion.

The Court considered Section 5(1) of the Medical Termination of Pregnancy Act, 1971, and Article 21 of the Constitution, as invoked by the petitioner.

It relied on the principle that reproductive and bodily autonomy protect a pregnant person’s decision whether to continue a pregnancy, and that a court should not compel continuation against that person’s wishes.

The Court referred to A v. State of Maharashtra (Civil Appeal No. 827 of 2026) and X v. Health and Family Welfare Department, 2022 SCC OnLine SC 1321, for those principles.

D, a minor and victim of sexual assault, had expressed her wish to terminate the pregnancy, and her mother, as natural guardian, also consented.

The Medical Board reported that, given D’s age, both termination and continuation carried risks; the Court nevertheless considered termination to be in the interests of those concerned, taking account of the assault and the autonomy principles it cited.

It therefore directed termination in accordance with Section 5 of the Act.

No costs were awarded, and the connected miscellaneous petition was closed.