Rape victim entitled to medical termination of pregnancy to safeguard dignity, mental health, and reproductive autonomy.

Petitioner No. 2, an 18-year-old girl, was subjected to repeated sexual assault by one Sahil Khan, resulting in an unwanted pregnancy.

An FIR (No. 44/2026) was registered after the victim disclosed the assault to her parents following a positive pregnancy test on March 10, 2026.

The petitioners sought a writ under Article 226 of the Constitution for medical termination of the pregnancy (MTP), citing severe mental trauma, social stigma, and the fact that the pregnancy was a result of sexual assault.

Pursuant to Court directions dated March 26, 2026, a Medical Board at Kamlaraja Hospital/G.R. Medical College examined the victim and, in a report dated March 28, 2026, determined the gestational age to be 8 weeks and 2 days, concluding that termination was medically feasible.

The Court exercised its jurisdiction under Article 226 of the Constitution of India.

It primarily relied on the Supreme Court’s ruling in Murugan Nayakkar v. Union of India & Ors. (2017), which held that termination of pregnancy is appropriate when a victim suffers trauma and agony due to sexual abuse.

The Court also applied the procedural and sensitization requirements established by the Bombay High Court in Shaikh Ayesha Khatoon v. Union of India (2018) to ensure informed consent and victim counseling.

The Court observed that the victim’s rights to dignity, bodily autonomy, and mental well-being are "paramount considerations".

It reasoned that compelling a rape survivor to carry a pregnancy to term would perpetuate her emotional distress and subject both the victim and the prospective child to irreparable psychological injury and social ostracization.

By applying the medical findings from the report dated March 28, 2026—which confirmed the pregnancy was at an early stage (8 weeks) and termination was feasible—the Court concluded that the legal and humanitarian grounds for MTP were satisfied.

The Court further emphasized that the judiciary must not remain a "silent spectator" to the victim's trauma and is duty-bound to intervene in the interest of justice.

It directed the Dean of G.R. Medical College, Gwalior, to form an interdisciplinary medical team to perform the procedure on April 2, 2026.

The Court ordered that: (i) the victim be sensitized about the risks of the procedure [para. 7]; (ii) the medical team be granted immunity from legal proceedings related to the termination [para. 7-8]; (iii) DNA sampling of the foetus be preserved for use in the pending criminal trial [para. 8]; and (iv) the identity of the victim be kept strictly confidential.