Termination of a rape survivor’s pregnancy is permitted upon the Medical Board’s finding of fitness.

The suo motu writ petition concerned the pregnancy of a victim of sexual assault.

Although the pregnancy was initially stated to be more than 26 weeks, the Medical Board at MTH Hospital, Indore, reported on 23 September 2026 that the pregnancy was approximately 22 weeks and that the victim was medically fit for termination.

The report was taken on record pursuant to the Court’s earlier order dated 21 September 2026.

The State was represented by the Government Advocate, and the Court considered the applicable statutory provisions, the prescribed procedure for pregnancies exceeding 24 weeks in sexual-assault cases, and the victim’s right to reproductive autonomy.

Whether, on the basis of the Medical Board’s opinion that the victim was medically fit, permission should be granted for termination of the pregnancy.

Whether the termination procedure should be conducted subject to safeguards concerning medical fitness, preservation of foetal DNA and forensic evidence, post-operative care, and protection of the victim’s privacy.

The Court applied Section 3(2) of the Medical Termination of Pregnancy Act, 1971, governing termination by registered medical practitioners within the prescribed gestational limits, and referred to Sections 3(2B), 5(1), and 5A of the Act concerning statutory exceptions and confidentiality.

Rule 3B of the Medical Termination of Pregnancy Rules, 2003 recognises survivors of sexual assault or rape, minors, and other specified categories as eligible for termination up to 24 weeks.

The Court relied on the SOPs prescribed in In Ref. (Suo Motu) v. State of Madhya Pradesh, W.P. No. 5184 of 2025, dated 20 February 2025, requiring referral to a Medical Board, prompt judicial consideration, expert supervision, medical and post-operative care, preservation of foetal material for DNA examination, and strict protection of privacy.

It also relied on X v. Principal Secretary, Health and Family Welfare Department, 2023 (9) SCC 433, which recognises reproductive autonomy, access to safe and legal abortion, and the woman’s ultimate decision-making authority over termination of pregnancy under Article 21.

The Court treated the Medical Board’s report as determinative of the immediate medical question: the pregnancy was assessed at approximately 22 weeks and the victim was found fit for termination.

Since the victim fell within the protected category of a survivor of sexual assault and the medical opinion supported termination, the Court found no need for any further report.

Applying the principles of reproductive autonomy and the SOPs, the Court directed that the procedure be carried out only after fresh verification of the victim’s physical and mental fitness, under the supervision of the concerned doctors, while preserving DNA samples and other forensic material for the criminal investigation and maintaining confidentiality.

It directed the concerned doctors to undertake the procedure expeditiously, preferably within one or two days, after fresh verification of the victim’s physical and mental fitness.

The medical team was required to follow the prescribed safeguards, including appropriate medical and post-operative care, preservation of foetal DNA and other forensic evidence, and protection of the victim’s privacy.

The writ petition was accordingly disposed of, and a copy of the order was directed to be supplied to the State counsel for compliance.