Constitutional courts must permit termination of unwanted late-term pregnancies in minors, prioritizing reproductive autonomy, bodily integrity and best interests under Article 21 over MTP Act statutory limits.

ORDER

Leave granted.

2. Learned Solicitor General as well as learned Additional Solicitor General have appeared and submitted on behalf of the first respondent-Union of India and learned standing counsel for second respondent-State has also submitted by adopting the contentions of learned Solicitor General and Additional Solicitor General.

3. We have heard learned counsel for the appellant.

4. This appeal has been filed by the appellant, who is the mother of her minor daughter aged about fifteen years, against the impugned order dated 21.04.2026 passed by the High Court of Delhi in Writ Petition (Civil) No. 4967/2026 by which the High Court has dismissed the prayer of the minor daughter of the appellant herein for medical termination of pregnancy of twenty-eight (28) weeks.

5. The brief facts of the case are that the appellant, in the first week of April 2026, noticed unusual heaviness in the abdomen of her minor daughter and upon enquiry regarding her last menstrual cycle, the minor was unable to recall the same. Hence, on 10.04.2026, the appellant took her daughter for medical consultation, where an ultrasound scan was conducted and a live pregnancy of about 27 weeks was diagnosed. On the same day i.e., 10.04.2026, the appellant approached several doctors and medical clinics seeking medical termination of pregnancy, however, all the medical practitioners refused to perform the procedure.

5.1 On 13.04.2026, the appellant filed Writ Petition (Civil) No. 4967/2026 before the High Court of Delhi seeking directions to permit termination of pregnancy under Section 3(2)(b)(i) read with Section 3(3) and Section 5 of the Medical Termination of Pregnancy Act, 1971 (for short, “MTP Act”), along with Rule 3B(c) of the Medical Termination of Pregnancy Rules, 2003 (for short, “MTP Rules”) and Guidelines dated 14.08.2017 issued by the Ministry of Health and Family Welfare, Government of India.

5.2 On 15.04.2026, the High Court directed All India Institute of Medical Science (AIIMS Hospital), New Delhi to constitute a Medical Board to examine the minor daughter of the appellant. On 18.04.2026, the Medical Board submitted its report.

6. On 21.04.2026, the High Court passed the impugned order dismissing W.P. (C) No. 4967/2026 by noting that the psychiatric and psychological assessment of minor did not reveal any “major psychiatric disorder in the past or at this point of time” and that in case of delivery at present, the baby would be born alive, although it would require active resuscitation at birth. The High Court then proceeded to hold that the termination of pregnancy may entail significant risk to the minor girl potentially causing adverse effect on her future reproductive health and accordingly, dismissed the Writ Petition. Being aggrieved by the order of the High Court dated 21.04.2026, the appellant has preferred the present appeal before this Court.

7. Learned counsel for the appellant submitted that the pregnancy of the minor daughter of the appellant is owing to a consensual relationship between the minor girl and her friend, who is also a minor of seventeen years. The pregnancy is an unwanted pregnancy. It was contended by learned counsel for the appellant that the High Court has failed to consider the Guidelines dated 14.08.2017 issued by the Union Government, which contemplate termination of late-term pregnancies in cases involving minors and other exceptional circumstances.

7.1 It was further stated that the minor girl has been subjected to enormous mental trauma and has attempted to commit suicide on two occasions. That compelling her to continue the pregnancy against her will and to give birth to the child is in breach of her right to life, reproductive autonomy and bodily integrity as envisaged under Article 21 of the Constitution of India. Learned counsel for the appellant therefore submitted that the impugned order may be set aside and the relief sought for by the appellant herein for the sake of her minor daughter may be granted.

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