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2025 Supreme(Ori) 1077
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI, J.
X – Petitioner
Versus
State of Odisha and Ors. - Opposite Parties
W.P.(C) No.5396 of 2025
Decided On : 03-03-2025
Important Points
Subject
Reproductive Rights - Abortion Law
Act Referred
Headnote
(B) Legal principles established include necessity for Medical Board's assessment, recognition of bodily autonomy, and court intervention for protection of minor's rights against systemic barriers and bureaucratic delays. (Paras 10, 14, 19)
Facts of the case:
Petitioner, father of a 13-year-old pregnant rape victim, sought medical termination of pregnancy post-24 weeks, citing grave health risks and disabilities of minor as grounds for urgency. (Paras 1, 2)
Findings of Court:
The Medical Board's unanimous opinion justified the termination of the pregnancy, deeming it essential to protect the minor's life and well-being. (Paras 10, 30)
Issues: The case revolved around rights to bodily autonomy, necessity for medical intervention, and impacts of systemic barriers on abortion access for minors. (Paras 10, 34)
Ratio Decidendi: The Court emphasized respect for bodily autonomy and the need for judicial intervention to uphold fundamental rights, noting that pregnancy resulting from rape intrinsically harms mental health. (Paras 14, 33)
Result: Writ Petition allowed, directing immediate termination of pregnancy.
For the Petitioner: Mr. Arnav Behera, Adv., Ms. Anikita Mukherji, Adv.
For the Opposite Parties : Mr. Saswat Das, AGA
| Table of Content |
|---|
| 1. factual background of miscarriage petition. (Para 1 , 2) |
| 2. arguments supporting termination of pregnancy. (Para 3 , 4) |
| 3. court's examination of procedural compliance. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court’s analysis regarding rights and bodily autonomy. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. judicial expectations and challenges in timely medical procedures. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. state's duty in reproductive healthcare. (Para 30 , 31 , 32) |
| 7. direction for developing sop for medical termination. (Para 33) |
| 8. conclusion affirming petitioner's plea. (Para 34) |
| 9. formal order allowing termination and steps for future process. (Para 35 , 36 , 37) |
JUDGMENT :
S.K. Panigrahi, J.
1. In this Writ Petition, the Petitioner’s father seeks a direction from this Court to the Opposite Parties for convening the Medical Board at MKCG Medical College and Hospital, Berhampur, to assess his daughter’s condition and facilitate the termination of her pregnancy.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) X was born on 12.06.2011 and is currently a 13-year-old studying in the 7th standard. She belongs to the Scheduled Tribe community. She suffers from Sickle Cell Anaemia and Epilepsy, both of which are specified disabilities under the Rights of Persons with Disabilities Act, 2016.
(ii) In August 2024, X was repeatedly raped by one Dinesh Pradhan, son of Dhanurjaya Pradhan, from village Takinajum Kanbageri, P.S. G Udaygiri, District Kandhamal. Due to threats from the accused, she did not disclose the assault to her parents or anyone else.
(iii) Her health deteriorated, and she experienced irregular menstrual cycles, body pain, and abdominal pain. Her mother took her to a doctor, who upon examination, found that she was six months pregnant. The pregnancy was discovered at a late stage, beyond the 24-week limit prescribed under the Medical Termination of Pregnancy Act, 1971 (“MTP Act”).
(iv) On 11.02.2025, X’s mother reported the matter to the police, and an FIR (PS Case No. 28 of 2025) was registered at G. Udaygiri Police Station, Kandhamal, under Section(s) 64(2)(m)/65(1)/351(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act, 2012.
(v) A medico-legal examination was conducted on 11.02.2025 by the Medical Officer, PHC(N) Kalinga, District Kandhamal. The report confirmed X’s Sickle Cell Anaemia and Epilepsy.
(vi) On 13.02.2025, X was examined at DHH, Phulbani, where it was confirmed that the pregnancy had gestated beyond 24 weeks. X is currently admitted at MKCG Medical College, Berhampur, undergoing treatment for her pregnancy and disabilities. There, it was advised that carrying the pregnancy to full term and giving birth would pose a serious risk to X’s life due to her:
a) Young age (13 years).
b) Sickle Cell Anaemia and Epilepsy.
c) Physical and mental trauma resulting from the rape.
(vii) In the light of the abovementioned circumstances, the petitioner filed this Writ Petition seeking a direction from this Court to refer X to a Medical Board constituted at MKCG Medical College & Hospital, Berhampur, to assess her condition and the risks associated with the pregnancy and allow the termination of her pregnancy, despite it being beyond 24 weeks.
(viii) On 25.02.2025, this Court passed an order directing the Medical Superintendent, MKCG Medical College and Hospital, Berhampur, to convene a Medical Board within 3 days to examine the case of X and submit a detailed prognosis regarding the status of her pregnancy.
(ix) In compliance with the Court’s order, Medical Board was convened. After a thorough examination, the Board rendered a unanimous opinion, unequivocally stating that the continuation of the pregnancy poses a risk of life-threatening complications for X and carrying the pregnancy to full term would severely impact her physical and mental well-being. The Board concluded that immediate medical intervention is necessary to safeguard X’s
