Minor rape victim’s reproductive autonomy permits pregnancy termination beyond the statutory twenty-four-week limit.

The petitioner, the father of a 15-year-old minor ("Victim X"), sought a writ of mandamus for the termination of his daughter's pregnancy

The victim was a survivor of sexual assault and rape, leading to an FIR registered under Sections 65(1), 64(2)(m), 64(2)(f) of the Bharatiya Nyaya Sanhita (BNS) and Section 5l/6 of the POCSO Act

A Medical Board report dated March 20, 2026, confirmed the gestational age exceeded 24 weeks (approximately 29 weeks), precluding termination under the Medical Termination of Pregnancy (MTP) Amendment Act, 2021, without a court order

The Board noted that while termination at this late stage carried high-risk complications, the risks were comparable to a full-term pregnancy

Counseling reports confirmed that the victim and her parents consistently expressed their desire to terminate the pregnancy to protect the victim’s future and mental health

1. Whether a minor rape victim has the right to terminate a pregnancy that has exceeded the statutory 24-week limit prescribed under the MTP Act

2. Whether the reproductive autonomy and mental health of a rape victim outweigh the statutory restrictions of the MTP Act

3. What protocols must be followed regarding the welfare of the child if born alive during a late-term termination

The court relied on Sections 3 and 5 of the Medical Termination of Pregnancy Act, 1971 (as amended in 2021), noting that while Section 3(2)(b) sets a 24-week limit, Section 3(4)(b) makes the pregnant woman's consent paramount

The court applied the principle from Suchita Srivastava v. Chandigarh Admn. (2009) 9 SCC 1, which recognized reproductive choice as a fundamental facet of Article 21 of the Constitution

It further cited A vs State of Maharashtra (2024) 6 SCC 327, emphasizing that the woman’s health and consent are paramount

X vs Principal Secretary, Health and Family Welfare Department (2022) SC 4917, which established that the woman is the ultimate decision-maker regarding her body

XYZ vs State of Gujarat (2023) SCC OnLine SC 1573, which permitted late-term termination for rape victims and provided guidelines for live births and DNA preservation

The court reasoned that the right to make reproductive choices is intrinsic to the fundamental rights of privacy, dignity, and bodily integrity under Article 21

Despite the pregnancy exceeding 29 weeks—well beyond the 24-week statutory ceiling—the court found that forcing a minor rape victim to carry an unwanted pregnancy to term constitutes a "grave injury to her mental health"

The court observed that the Medical Board’s report did not strictly prohibit the procedure but highlighted risks similar to full-term delivery

By integrating the victim's socio-economic conditions and the trauma of the assault revealed in the counseling reports, the court concluded that the victim’s autonomy must be upheld

The court balanced the state’s interest in the potential life of the fetus by providing directions for neonatal care and adoption should the fetus be born alive

The court directed the Gandhi Medical College, Bhopal, to immediately assemble a specialized team of doctors to perform the procedure after explaining the risks to the family

the State must provide all post-operative care and take custody of the child if born alive, should the parents decline to keep it

the child shall remain with the victim for 15 days for breastfeeding before being handed to the Child Welfare Committee (CWC) for adoption

doctors must preserve a fetal tissue sample for DNA evidence for the criminal trial

the victim’s privacy must be strictly maintained

The petition was disposed of with these directions