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.

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 undertake due care of the victim and abide by the order of the honourable high court.

4. From the perusal of the report, it is seen that the victim is aged 14 years 4 months and she is having pregnancy of 25 weeks 3 days as on 19.08.2025. The opinion was that "the survivor's pregnancy can be terminated with explained risk and informed consent of the survivor's guardian".

5. The said report along with the other relevant documents are placed on record by learned Government Advocate. It is pointed out that FIR was got registered for offence under Section 64 (1), 351(2) of BNS , 2023 and under Sections 3 , 4 of POCSO Act, 2012 at Crime No.352/2025. The victim was brought to the hospital by the parents and they are ready to keep the victim in case the pregnancy is terminated apprehending the social threats.

6. It is argued by the counsel for the State that Section 3 of the Medical Termination of Pregnancy Act, 1971 does not permit the pregnancy exceeding 24 weeks. It is further argued that there is judgment on this issue which was referred to the Division Bench of this Court in the case of In Reference (Suo Motu) v. The State of Madhya Pradesh and others: W.P. No.5184/2025 which was decided on 20.02.2025 wherein after due consideration, the SOP has been formed which is required to be followed upto 24 weeks and exceeding 24 weeks.

7. In the present case, the age of the fetus is exceeding 24 weeks. Therefore, the SOP is required to be followed in the present case which is as under:

"SOPs to be followed in case where the age of foetus/pregnancy of survivor of sexual assault or rape or incest is exceeding 24 Weeks:-

Whenever a case of rape is registered at any police station, the following procedure shall be adopted:-

(i) The SHO of the said police station, on the basis of the MLC of the victim indicating that she is pregnant and the pregnancy is more than 24 weeks, shall forthwith forward the victim to the concerned District Court, preferably Special Judge/POCSO; (ii) The learned Judge of the District Court preferably Special Judge/POCSO), regardless of any application for termination of pregnancy, though not maintainable, filed before it or not, shall refer the victim to the concerned medical officer/Board to expeditiously submit its report, if the pregnancy of the victim can be terminated;

(iii) The District Court, preferably Special Judge/POCSO, after obtaining the said medical report, under intimation to the victim and her parents, directly refer such case and report to the nearest Registry of the High Court;

(iv) The Registry of High Court, in turn, shall register such reference as a Writ Petition under Article 226 of the Constitution, Suo Motu, and list the matter immediately before the concerned Bench having the roster, so that appropriate orders regarding termin