The court held that a child's mental health is paramount, permitting pregnancy termination beyond statutory limits in cases of rape, emphasizing the need for legislative clarity on foetal rights.

ARUN MONGA, J. (ORAL)

1. All of 15 years old, a minor girl is before this Court, through her mother seeking permission to terminate her pregnancy of 27 weeks.

2. It is not in dispute that the gestational age of the foetus has crossed the statutory limit of 24 weeks prescribed under the Medical Termination of Pregnancy Act, 1971 (for short, “the MTP Act”).

3. The case set up by the petitioner is that the pregnancy is the result of a sexual assault upon her. Continuation of the pregnancy, it is urged, would cause grave mental injury to the minor, as also to the unwanted child if born, who at present is in the foetal stage.

4. The petitioner, through her mother, seeks enforcement of her right to life under Article 21 of the Constitution of India, stating that same necessarily includes the right to live with physical as well as mental health. It is submitted that enforcement of this fundamental right justifies the issuance of an appropriate writ by this Court, notwithstanding the apparent statutory bar under the MTP Act.

5. In the aforesaid backdrop, I have heard the rival contentions of the learned counsel for the petitioner as well as the learned ASC for State.

6. Learned counsel for the petitioner would urge as under :-

6.1 The victim and her family had resided in a rented premises in 2016 where they came into contact with the accused, Bharat, the landlord’s son. Even after shifting to another residence, the families maintained cordial relations for nearly a decade, during which the accused and the victim developed friendship that later turned into a relationship.

6.2 In December 2024, the accused lured the victim to his residence under the promise of marriage and established physical relations with her for the first time on 14.12.2024. Thereafter, on multiple occasions, he continued to exploit the victim sexually under the false pretext of marriage, the last such incident occurring in April 2025.

6.3 Subsequently, when the victim missed her menstrual cycle for two to three months, she took a pregnancy test on 31.08.2025 which confirmed she was pregnant. On being informed, the accused flatly refused to marry her and pressured her to abort the child.

6.4 On 06.09.2025, the victim disclosed the facts to her parents. Her father immediately contacted the police, leading to registration of FIR No. 549/2025 under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act, 2012 at P.S. Subhash Place. The victim was medically examined at Bhagwan Mahavir Hospital, Pitampura, where MLC No. 31/2025 was prepared. An ultrasound conducted on 08.09.2025 revealed the foetus to be about 27 weeks old.

6.5 The victim was thereafter produced before the Child Welfare Committee on 08.09.2025 in CWC Case No. 2025-26/473, where directions from court were sought for medical termination of pregnancy.

6.6 In light of the facts of the present case, he relies on various judicial precedents and argues that the petition be allowed.

7. Per Contra, learned ASC for State would oppose the petition stating that the foetus is since already gone past the age of 24 weeks and concededly at 27, the foetus has a heartbeat and even as per the medical opinion the foetus may be born alive even if caesarian termination of pregnancy is carried out.

8. Having given my thought to the rival contentions, I shall render my opinion thereof in the succeeding part by recording reasons.

9. The petitioner is seeking enforcement of her ‘Right to Life’ as enshrined under Article 21 of the Constitution of India since dismissal of her request to conduct medical termination of her pregnancy shall cause grave mental injury