IMPORTANT POINT
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.

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 person through State counsel and were heard in camera proceedings. During the course of hearing, the victim and her mother have shown their willingness to terminate the pregnancy.

4. The Division Bench of this Court In Reference (SUO MOTU) vs. The State of M.P. and others , W.P. No.5184/2025, by order dated 20.02.2025 has laid down the procedure for dealing with the cases of pregnancy of survivor of sexual assault or rape or incest is exceeding 24 weeks:-

(b) 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 termination of pregnancy can be passed by the High Court without any undue delay;

(v) If directed by the High Court that termination of pregnancy is required then, the procedure of termination of pregnancy will be carried out in the presence of the expert team of doctors. The expert doctors will explain to the family members as well as the petitioner the risk of getting the termination of her pregnancy and also other factors;

(vi) Every care and caution will be taken by the doctors while terminating the pregnancy. All medical attention and other medical facilities including that of a presence of a Pediatrician as well as a Radiologist and other required doctors will be made available to the victim;

(vii) The post operative care, upto the extent required, will be extended to the victim;

(viii) The doctors will ensure that a sample from the fetus is protected for DNA examination and will be handed over to the prosecution for using in the criminal case.

5. Supreme Court considering the right of personal liberty guaranteed under