A minor's consent is paramount in the decision to terminate a pregnancy, emphasizing reproductive rights and autonomy under Article 21.

ORDER :

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking direction to terminate the pregnancy of her minor daughter viz. Mst. "S" (Aged 17 years 5 months-minor), victim of rape, under Sections 3 and 5 of Medical Termination of Pregnancy Act, 1971 (hereinafter to be referred as ‘the MTP Act’).

2. Bereft of elaborate details, the brief facts necessary for disposal of the instant writ petition are as under :-

2.1. The petitioner/mother lodged a complaint stating that her minor daughter Mst. "S'' left the house on 12.01.2025 without informing anyone with one Dinesh Kumar. Thereafter, the police lodged a complaint under Section 137 (2) of the BNS and after investigation the police secured both of them from Jodhpur.

2.2. Accused Dinesh Kumar was arrested and produced before the court. The petitioner's minor daughter was sent for medical examination and her UPT test report came positive. The petitioner alleged that her minor daughter was made pregnant on account of rape committed by accused Dinesh Kumar and therefore, it is requested to refer the petitioner's daughter to the government hospital (Respondent no. 3) in order to get the pregnancy terminated. So this writ of mandamus has been filed.

3. On 13.06.2025, this Court has passed the following order:

''1.......

2. On perusal of the report it indicates that medical board have suggested that pregnancy can be terminated under usual risk of the procedure and teenage pregnancy risk.

3. After considering said medical report this court deems it appropriate to seek specific report from the medical board as to whether Ms. 'S' is physically fit to undertake the procedure of termination of pregnancy and other surgery.''

3.1. In compliance of aforesaid order, the Medical Board submitted a report dated 14.06.2025, in which, it is mentioned that : ''According to the ultrasound Obstetrics Ms. 'S' is having pregnancy of 22 weeks 3 days. As per USG, single live fetus of 22 weeks 3 days. The pregnancy can be terminated with usual risk of the procedure and teenage pregnancy.'' Thus, it is observed that the critical period of twenty weeks, before which alone there can be safe abortion was over.

3.2. According to the consent memo dated 05.06.2025 of minor victim (Annexure-8) enclosed with the petition, the minor girl has categorically stated that she is not willing to abort the fetus.

3.3. The victim Mst. 'S' in her statement to police has stated that the pregnancy resulted out of consensual intercourse between her and accused Dinesh Kumar and not out of coercion.

4. In continuation of the facts as averred in the writ petition, the contentions of learned counsel for the petitioner are as under :-

4.1. It is contended that the daughter of petitioner is minor and she is incapable of making informed decisions about her body and health and the continuance of the pregnancy would lead to various social, economic and cultural factors which would possibly the victim could not reasonably forsee.

4.2. It is also submitted by the learned counsel for the petitioner that consent of minor rape-victim is not mandatory for medical termination of pregnancy, the consent of guardian is sufficient. It is submitted that the Section 3 (4) of the MTP Act clearly states that the pregnancy of a minor or a mentally ill person can be terminated with the consent in writing of her guardian and second ''otherwise'' the pregnancy can be terminated with the consent of pregnant women herself. Learned counsel for the petitioner has submitted that the case of Mst. 'S' falls under the first category i.e. Section 3