Termination of pregnancy beyond 24 weeks requires substantial fetal abnormalities; absence of such conditions leads to non-approval under the Medical Termination of Pregnancy Act.

ORDER :

NUPUR BHATI, J.

1. The petitioner has preferred the present writ petition invoking Article 226 of the Constitution of India claiming following reliefs:-

“(i) The respondents may be directed to terminate the pregnancy of more than 24 weeks of the petitioner and bear all the expenses of such proceeding or;

(ii) in the alternate if this Hon'ble court found just and proper not to terminate the pregnancy of the petitioner then the petitioner express her desire that after the birth of child he/she may be handed over to respondents No. 3 for his/her further care, the State Government shall take all necessary steps in accordance with the applicable provisions of law to facilitate this exercise.”

2. Learned counsel for the petitioner submits that petitioner being a rape victim, does not wish to continue with the pregnancy. Learned counsel for the petitioner also submits that the petitioner’s family also does not want to continue with the pregnancy.

3. Learned AAG, in compliance of the order dated 29.10.2025 passed by this Court, has produced the medical report dated 30.10.2025 along with sonography and other relevant documents. The same are taken on record.

4. Pursuant to the directions given by this Court on 29.10.2025, respondents had constituted a Medical Board consisting of five experts of Government Bangar Hospital, Pali, to examine the petitioner on 30.10.2025. The Medical Board after examining the petitioner opined that the petitioner’s blood tests reveal hemoglobin level (10.9 gram%) and red blood cell count slightly below normal. It was further opined that if surgical/normal abortion is attempted to terminate the petitioner’s pregnancy, the possibility of serious adverse effects cannot be ruled out. It was also opined that if the petitioner continues her pregnancy with medical advice and proper care, she appears physically capable (weighing 45 kg and height 149 cm) of a normal or cesarean delivery at term. The Medical report dated 30.10.2025 is reproduced hereunder:-

5. As per the Sonography Report dated 30.10.2025, the Medical Board opined that the fetus is well developed. It was further opined by the Medical Board that the petitioner is having gestation age of about 25 weeks and 1 day and she is carrying a viable fetus weighing approximately 812 grams. It was further opined by the Medical Board that the fetus is developing normally, and there appears to be no genetic disability or other physical defect. The fetus is within the gestational viability period (24 to 28 weeks). Therefore, the unborn fetus is likely to survive after MTP. If the fetus is born through abortion at this stage, it may suffer from physical complications and illnesses, resulting in sudden death. The sonography report dated 30.10.2025 is reproduced hereunder:-

6. At this juncture, it would be appropriate to take into consideration the relevant provisions of the Medical Termination of Pregnancy Act, 1971(‘MTP Act’) and the Medical Termination of Pregnancy Rules, 2003. Section 3 of the MTP Act is being reproduced as under:

“3. When pregnancies may be terminated by registered medical practitioners. —(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,—

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or

(b) where the le