Under the Medical Termination of Pregnancy Act, 1971, pregnancy resulting from sexual exploitation is presumed to cause grave injury to the woman's mental health, justifying termination to protect her reproductive rights and psychological well-being, regardless of the gestational age being in the second trimester.

Order on Board

1. Petitioner is an adult lady, victim of sexual exploitation of Crime No. 34/2025 registered at Police Station Lemru, District Korba for the offence under Section 69 and 351(3) of the Bhartiya Nyay Sanhita, 2023 , has filed instant writ petition seeking following reliefs :-

10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to get examined the petitioner and thereafter medically terminate her pregnancy.;

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide for post-surgical treatment and care to the petitioner after the termination her pregnancy.

10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent No. 01 to bear the expenses of the aforesaid procedure.

10.4 Any other order/direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be issued, in the interest of justice.’

2. Learned counsel appearing for the petitioner submits that petitioner, is an adult lady aged about 33-34 years, has been sexually exploited by the accused, therefore, FIR bearing Crime No.34/2025 has been registered at Police Station Lemru, Distt. Korba against accused, who is distant relative of the victim. After lodging FIR, the petitioner was medically examined by Sweta Hospital, Korba, in which, vide Sonography report Ex. P-2 dated 1-2-2026 it was reported that, petitioner is carrying pregnancy of 14 weeks 6 days. Learned counsel further submits that, the petitioner does not want to deliver child of sexual abuse as she is a divorced lady and she is already having a daughter. It is further contended that the pregnancy of child may be detrimental to the life of petitioner and may also have significant physical, emotion, social and economic consequences to her. Therefore, she does not want to carry on pregnancy and deliver child, as such, she has filed instant petition seeking permission of this court for termination of her pregnancy.

3. When the case came-up for hearing before this Court on 19-2-2026 and 23-2-2026, this Court has directed the Chief Medical and Health Officer, Korba, Distt. Korba (Chhattisgarh) to submit report with opinion with regard to medical termination of pregnancy of petitioner upon which, the Chief Medical & Health Officer, Korba has submitted report alongwith examination report and the report prepared by Team of doctors. Aforesaid report has been produced by learned Govt. Advocate appearing for the State before this Court.

4. Perusal of report and documents show that, the team of doctors have opined that physical and mental status examination of the petitioner appears normal and victim’s gestational age is 17 weeks 1 day, (second trimester) as on 25-2-2026. It has further been opined that second trimester termination of pregnancy has associated risk like excessive bleeding, shock, ICU admission and very rare mortality, current state of pregnancy is normal but future course of pregnancy and associated risks could not be predicted.

5. Learned counsel appearing for the state submits that since the petitioner is sexually exploited victim, which of which she conceived, but she does not want to carry on her pregnancy. Therefore, it may be presumed that if permission is not granted, then it would cause grave injury to the mental health of petitioner, as such, relief sought for may be granted to her.

6. I have heard learned counsel for the parties