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2025:CGHC:61963

PAWAN NAFR

KUMAR

JHA HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally signed

by PAWAN

KUMAR JHA

Date: 2025.12.22

13:02:26 +0530 WPC No. 6674 of 2025

• Xyz (Minor) Through Legal Guardian

... Petitioner

versus

1. State Of Chhattisgarh Through- Secretary, Department Of Public Health And

Welfare, Mahanadi Bhawan New Raipur (C.G.)

2. Chairman State Medical Board Raipur Distt- Raipur (C.G.)

3. The Chief Medical And Health Officer Raipur Distt- Raipur (C.G.)

4. The Dean Bhim Rao Ambedkar Memorial Hospital Jail Road, Raipur Distt-

Raipur (C.G.)

5. The Gynecologist Department Of Obstetrics And Gynecology Dr. B.R.A.M.

Hospital Raipur Distt- Raipur (C.G.)

... Respondents

For Petitioner : Mr. B.L. Dembra, Advocate with Mr. C.R.

Sahu, Adv. and Mr. Vinod Kumar

Dewangan, Adv.

For Respondent-State : Mr. Shaleen Singh Baghel, Dy. Govt. Adv.

Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

22/12/2025

1. A minor victim of forcible sexual intercourse/rape by accused has filed this

writ petition through her natural guardian seeking the following reliefs:-

“10.1. The Hon’ble Court may kindly be pleased to

allow the petition permitting the petitioners for abortion

of womb of her minor daughter, who is carrying about

25 weeks of fetus in her uterus.

10.2. The Hon’ble Court may kindly further be

pleased to direct the respondent authorities to provide

all the precautions, measures and care while

terminating pregnancy of her minor child to save her

life.

10.3 Any other relief which this Hon’ble Court may

deems fit and proper looking to the facts and

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circumstances of the case may also be awarded to the

petitioner including the cost and expenses of this

petition.”

2. Learned counsel for petitioner submits that petitioner was subjected to rape.

After noticing the size of stomach, mother of petitioner asked about it, at that

time she narrated that on false assurance of marriage she developed

physical relationship with a person and became pregnant. She was taken to

hospital. Upon examination, the doctor diagnosed petitioner carrying

pregnancy and average gestational age to be 25 weeks. Petitioner being

minor if for any reason has to deliver a child it will cause adverse impact on

her mind and therefore, this petition is filed seeking permission of this Court

for termination of pregnancy.

3. When the case came up for hearing before this Court on 19.12.2025 this

Court directed the Hospital Superintendent, Pt. J.N.M. Medical College and

Dr. B.R. Ambedkar Memorial Hospital, Raipur to submit report with opinion

with regard to medical termination of pregnancy of petitioner, upon which

respondent-State has produced the copy of report submitted by Medical

Board, Raipur (C.G.). In the report/opinion, team of doctor have opined that

minor is fit for MTP, termination of pregnancy can be allowed. The gestational

age of foetus is diagnosed to be of 25 weeks (one week +/-).

4. I have heard learned counsel for the parties and perused the documents

available in record.

5. So far as the proceedings for a termination of pregnancy is concerned, it is

governed by the provisions of the Medical Termination of Pregnancy Act,

1971. Section 3 of the said Act provides for termination of pregnancy by

registered medical practitioner under the circumstances as provided therein.

For ready reference Section 3 of the said Act is reproduced hereinunder:

“3. When Pregnancies may be terminated by registered

medical practitioners. – (1) Notwithstanding anything contained in

the Indian Penal Code (45 of 1860), a registered medical practitioner

shall not be guilty of any offence under that Code or under any other

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law for the time being in force, if any pregnancy is terminated by

him in accordance with the provisions of this Act.

1[(2) Subject to the provisions of sub-section (4), a pregnancy may

be terminated by a registered medical practitioner,–

(a) where the length of the pregnancy does not exceed twenty

weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twenty we