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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL MISHRA
A Minor – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
VISHAL MISHRA, J.
This petition has been filed seeking following reliefs:-
i. Issue a writ in the nature of mandamus directing the respondents to abort the fetus scientifically as soon as possible and to conduct DNA test of the fetus for the purpose of evidence in the trial.
ii. Issue any other writ, order or direction as this Hon'ble Court deems just and necessary in the facts and circumstances of the case.
2. In compliance of order dated 19/08/2025, learned State counsel has produced opinion of the Medical Board with respect to termination of pregnancy of the petitioner.
3. A Committee comprising of 3 Gynaecologists, 1 Clinical Psychiatrist and 1 Radiologist was constituted, who gave its report dated 19/08/2028 opining as under:-
"1. Pregnancy may be terminated with the permission of honourable high court.
2. The process of termination is like mini labor with all similar high risk as associated with any process of labor and consent of the same should be given by the guardian/ parent.
3. As per USG weight of the fetus is 788 gms with cephalic presentation at the time of scan and fetus may be alive at the time of birth and may require appropriate care.
The experts however will under
Termination of pregnancy beyond 24 weeks is permissible under specific conditions for minors when facing severe health risks, as affirmed by medical evaluation and consent of guardians.
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
The main legal point established in the judgment is that the MTP Act allows medical termination of pregnancy beyond the statutory cap of 24 weeks if continuing the pregnancy would cause grave injury ....
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
Termination of 28-week high-risk pregnancy of minor victim permitted beyond statutory limit, safeguarding physical/mental health and right to dignity under Article 21 based on Medical Board opinion.
The court emphasized the need to interpret the provisions of the Medical Termination of Pregnancy Act, 1971 liberally, considering the pregnant woman's actual or reasonable foreseeable environment an....
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