$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10^th March, 2026 + W.P.(CRL) 726/2026 MINOR J THR MOTHER P .....Petitioner Through: Mr. Anwesh Madhukar, Advocate (DHCLSC) with Ms. Prachi Nirwan and Ms. Simran, Advocates.

versus STATE & ANR. .....Respondents Through: Mr. Amol Sinha, ASC for State with Mr.Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazaru, Advocates.

SI Himanshi, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

1. Present petition has been filed by a minor girl, who is barely 16 years of age.

2. Petition has been filed by her through her mother.

3. Minor is, reportedly, a victim of sexual assault and is having gestational period of around 26 weeks.

4. Since she is not interested in carrying with the aforesaid pregnancy and wants its termination at the earliest, present petition has been filed seeking indulgence of this Court.

5. Present petition was taken up by this Court yesterday i.e. 09.03.2026 and after hearing the minor as well as learned counsel for the petitioner, direction was given to the concerned hospital i.e. DDU Hospital to constitute a Medical Board, with further direction to send report of such Board in a sealed cover.

6. Report has now been produced in a sealed envelope.

7. Before proceeding any further, this Court has, again, interacted with the minor as well as her mother in chamber and they were duly apprised about the various aspects related to their request of termination of pregnancy. However, they both were found adamant in termination of pregnancy and in no uncertain words, reiterated their such decision.

8. Mr. Anwesh Madhukar, learned counsel for petitioner submits that minor is victim of sexual assault and she does not want to continue with the pregnancy in question. He submits that since pregnancy is a direct consequence of sexual assault, the anguish caused thereby has to be presumed as a “grave injury” to the mental health of the minor in question. Section 3 of Medical Termination of Pregnancy Act, 1971 (as amended up-to-date)

(hereinafter referred to as MTP Act) reads as under: -

3.When pregnancies may be terminated by registered medical practitioners. — (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,—

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

Explanation 1.—For the purposes of clause (a), where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

Explanation 2.—For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

(2A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestat