A woman has the reproductive and bodily autonomy to terminate an unwanted pregnancy particularly when it results from sexual exploitation, as compelling such a pregnancy constitutes grave injury to her physical and mental health regardless of the gestational age viability threshold.

(cause title downloaded from CIS Periphery)

1. This writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner, a 28-year-old woman said to be mentally challenged and a victim of sexual exploitation, through her sister-in-law (Bhabhi), praying for the termination of the petitioner's pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971 (in brevity, the 'Act 1971').

2. Learned counsel for the petitioner submits that, as per FIR bearing Crime No.13/2026 registered at Police Station Sarona, District Kanker on 30.03.2026 for offences under Sections 64(2)(k), 64(2)(m), and 351(3) of the Bhartiya Nyaya Sanhita, 2023 , the victim (Petitioner) was sexually exploited by the accused, which resulted in her pregnancy of 19 weeks and 4 days as on 27.03.2026. The aforesaid report has been lodged by the sister-in-law (Bhabhi) of the victim.

3. Learned counsel further submits that, because of the aforesaid sexual exploitation, as on 17.04.2026 she is carrying a pregnancy of 23 weeks and 3 days, which has been reported by a doctor in the medical examination. Learned counsel further submits that the pregnancy may be detrimental to the life of the petitioner and may also have significant physical, emotional, social, and economic consequences to her. Therefore, she does not want to carry on the pregnancy or deliver the child, as such, she has filed the instant petition through her sister-in-law seeking permission of this Court for the termination of her pregnancy.

4. On being report sought for by this court on the earlier date of hearing, a Medical Team of 8 doctors of Office of Joint Director cum Hospital Superintendent, Late Smt. Indira Gandhi Memorial, Government Medical College affiliated Komaldev Hospital, District North Bastar Kanker (CG) (hereinafter referred to as the "Government Hospital Komaldev"), vide report dated 18.04.2026, has reported that the victim is carrying pregnancy of 23 weeks and 3 days as on 17.04.2026. Learned State counsel has submitted the aforesaid report today itself, wherein the following point-wise report has been prepared:

"Point No. 1: Examination report regarding the physical and mental condition of the patient—

The examination reports regarding the physical and mental condition of the patient are attached in a total of 06 pages.

Point No. 2: Stage of pregnancy—

The victim is currently in the second trimester of pregnancy. As per the sonography conducted on 17.04.2026, the victim is 23 weeks and 03 days pregnant. In the medical examination, the victim was found to be 24 weeks pregnant. Therefore, the duration of pregnancy found in the sonography and medical examination is approximately the same.

Point No. 3: How harmful would an abortion be for the petitioner—

Since the victim is in the second trimester of pregnancy, during an abortion, there may be a need for Hysterotomy (surgical removal of the fetus from the uterus) in case of excessive bleeding (Haemorrhage), uterine injury, infection, cervical injury, or if the abortion medication is ineffective. All the above complications can be life-threatening for the victim.

Point No. 4: Can continuing the pregnancy pose a threat to the life of the pregnant woman or cause serious harm to her physical or mental health—

Continuing the pregnancy may lead to pregnancy-related complications for the victim, such as high blood pressure (Preeclampsia), premature delivery (Preterm), etc. Delivery related complications such as Cesarean Section, excessive bleeding (Haemorrhage), etc., ma