A minor survivor of sexual assault cannot be compelled to carry an unwanted pregnancy to term when there is a risk of grave injury to her physical or mental health, or significant foetal abnormality, as reproductive autonomy and bodily integrity are fundamental rights protected under the Constitution.

NAFR

Order on Board

1. This petition has been filed by the minor victim through her guardian, who is the victim of sexual exploitation, seeking relief for termination of pregnancy.

2. Learned counsel for the petitioner submits that the petitioner is a minor girl and she has been sexually exploited by the accused, therefore FIR bearing Crime No.150/2026 for the offence under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (for short the “BNS, 2023”), and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2013 , registered at Police Station Dongargarh, Distt. Rajnandgaon. Aforesaid report has been lodged by the cousin sister of the victim. He further submits that because of the aforesaid sexual exploitation, she is carrying pregnancy of 24 weeks which has been reported by doctor in medical examination which got conducted by the police. Learned counsel further submits that the pregnancy of child may be detrimental to the life of petitioner and may also have significant physical, emotional, 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. On being report sought for by this court, a team of two doctors of District Hospital, Rajnandgaon, vide report dated 13.4.2026, has reported that the victim is carrying pregnancy of 25 weeks and one day as on 30.03.2026. They have also reported that foetus is suffering from Atrio Ventricular Septal Defect, Absent Stomach Bubble and Abnormal Abdominal Vessel Arrangement. They have further reported that the victim is fit for termination of pregnancy. However, she has to suffer physically and mentally in relation to termination of her pregnancy. Since the period of pregnancy of the victim was reported to be more than 24 weeks, therefore, report was sought from the Medical Board. The report has been filed by the learned State counsel today only, wherein it has been reported that;

“01. Continuing the victim's pregnancy may cause physical and mental suffering to the victim, and could also pose a threat to her life.

02. According to the victim's sonography report, the foetus shows an Atrioventricular Septal Defect in the heart, an absent stomach bubble, and an abnormal abdominal vessel arrangement. Due to these conditions, the newborn may face physical and mental abnormalities after delivery in the future.

03. Based on the congenital malformations present in the fetus as per the sonography report, the District Level Medical Board advises undergoing Medical Termination of Pregnancy (MTP).”

4. Perusal of the aforesaid medical report shows that a team of doctors/Medical Board has opined that the petitioner is carrying pregnancy of 25 weeks, but she is fit for termination of pregnancy. It has also been reported by the Medical Board that foetus is suffering from various ailments, therefore, if it is delivered, it may suffer from physical and mental problems.

5. Learned counsel for the State submits that since the minor petitioner was sexually exploited, therefore she has 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 and perused the material available on record including medical