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18.01.2023

1.

The instant Writ Petition has been filed by the Petitioner under Article

226/227 of the Constitution of India praying for the following reliefs:

―A. Permit the Petitioner to get terminated the ongoing

pregnancy of her unmarried minor daughter through

registered medical practitioners at any goven1ment

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 17:47:47

W.P.(C) 13479/2022 Page 2 of 10

Hospital immediately as per section 3(2) (a) (i) r/w

section 3(3), 3( 4) & section 4 MTP Act without

reporting the case to the local police as mandated

under section 19 ( 1) POCSO Act as the said

pregnancy is the result of "consensua1 and close

relationship".

B. Direct the Respondent No. 2 to amend section 3

MTP Act so as to allow married/unmarried minor girls

between 16 to 18 years to terminate their unwanted

pregnancy arising from consensual relationship

without reporting the case to the local police as

mandated under section 19( 1) POCSO as the latter

restricts & violates their fundamental right to privacy,

personal autonomy, dignity and reproductive choice

which are inseparable part of right to life under Article

21 of the Constitution of India.

C. Order an immediate Interim Relief or stay during

the course of proceedings.‖

2.

On 20.09.2022 this Court passed the following order:

―1.

The instant Writ Petition has been filed by a

mother praying for the immediate termination of the

the pregnancy of her unmarried minor daughter

through registered medical practitioners at any

Government Hospital, as permitted under Section 3(2)

(a) (i) r/w Section 3(3), 3(4) & Section 4 of the Medical

Termination of Pregnancy Act, 1971 (hereinafter

referred to as ‗the MTP Act‘) without reporting the

case to the local police as mandated under Section 19

(1) of the Protection of Children from Sexual Offences

Act, 2012 (hereinafter referred to as ‗the POCSO Act‘)

on account of the fact that the said pregnancy is the

result of a "consensua1 and close relationship".

2.

The Petitioner has also prayed for an Order

directing Respondent No. 2 to amend Section 3 of the

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 17:47:47

W.P.(C) 13479/2022 Page 3 of 10

MTP Act so as to allow married/unmarried minor girls

between 16 to 18 years to terminate their unwanted

pregnancy arising from a consensual relationship

without requiring to report the case to the local police

as mandated under Section 19 (1) POCSO as the latter

restricts and violates their fundamental right to

privacy, personal autonomy, dignity and reproductive

choice which are an inseparable part of the right to life

under Article 21 of the Constitution of India.

3.

The facts of the case reveal that on 08.09.2022,

the daughter of the Petitioner informed the Petitioner

about pain in her abdomen. It is stated that the

Petitioner took her daughter to a doctor on 09.09.2022

and an ultrasound scan was conducted. It was found

that the Petitioner‘s daughter is about 17 weeks and 5

days pregnant and, consequently, the daughter of the

Petitioner was referred to civil hospital. It is stated

that all government and private hospitals refused to

terminate the pregnancy of the daughter of the

Petitioner without reporting the case to the local

police. Aggrieved by these events, the Petitioner has

filed the instant Writ Petition.

4.

At this juncture, it is pertinent to quote the

relevant Section 3 of the MTP Act, 1971, and Section

19 of the POCSO Act, 2012.

―Section 3 of the Medical Termination of

Pregnancy Act, 1971

3. When pregnancies may be ter