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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
AMIT SETH
Prosecutrix X – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
The instant petition is registered upon the reference made by the Special Judge, POCSO Act, Hata, Damoh, whereby it is intimated to the Registrar General of this Court that during trial of Special Case No.2/2025 (State of M.P. Vs. Ram Gopal and Another) registered at Police Station - Raneh, District - Damoh bearing crime No.134/2022 under Sections 363, 366-A and 376(2)(n) of IPC r/w 5(L)/6 of POCSO Act, the minor victim aged 16 years has been found to be pregnant and an application on behalf of the victim has been filed through her mother seeking termination of her pregnancy.
2. It is also mentioned in the reference letter that as on 09.05.2025 on medical examination of the victim at Bundelkhand Medical College, Sagar, the fetus is about 23 weeks and 5 days (+- 07 days) and as per the opinion of the two members Medical Board dated 21.05.2025, since the pregnancy of the victim is more than 24 weeks and victim being a high risk patient, it would be appropriate that the process of termination of pregnancy be taken at the Higher Centre (Medical College, Sagar/Jabalpur).
3. In compliance of the order dated 02.06.2025 passed in the instant case, the victim and her mother appeared in
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 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 recognized the importance of a minor's mental health in allowing medical termination of pregnancy resulting from rape, reinforcing the rights of victims under the MTP Act.
The court permitted the termination of a minor's pregnancy beyond the statutory limit due to mental trauma and lack of fetal abnormalities, emphasizing judicial discretion in sensitive cases.
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 court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
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