JUDGMENT (oral)

1. The present petition has been filed by Minor A through her mother.

2. Minor is sixteen years of age, her date of birth being 15.04.2009.

3. Minor is, reportedly, victim of sexual assault and is currently at an approximate 26 weeks gestational period.

4. By virtue of present petition, she seeks intervention of this Court for termination of her pregnancy.

5. Present petition was taken up by this Court on 27.06.2025 and keeping in mind the urgency cited by the petitioner and after careful perusal of the averments and allegations appearing in FIR No. 312/2025 PS Maidan Garhi, this Court requested All India Institute of Medical Sciences, New Delhi (AIIMS) to constitute a Medical Board and to send requisite report to this Court.

6. Report has been received from AIIMS, New Delhi in a sealed cover. Court Master has produced the same and the report has been opened up.

7. Report reads as under:-

ALL INDIA INSTITUTE OF MEDICAL SCIENCES

Ansari Nagar, New Delhi-110029

No. F.2-63/Medical Board/2025-Estt.(H.) Date: 28.06.2025

Subject: Report of the medical board at AIIMS New Delhi for medical examination of Victim Ms. ‘A’ regarding the necessity and feasibility of the Medical Termination of Pregnancy (MTP) in MLC No. 4883/2025 dated 23.06.2025, Case FIR No. 312/2025, dated 24.06.2025, U/s 65(1)/69 BNS, 4 POCSO Act, P.S. Maidan Garhi, New Delhi (Currently admitted in MCH Block, AIIMS New Delhi vide UHID No. 108409743).

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Form D (Sub-Clause (b) of rules 3A)

Details of the woman seeking termination of pregnancy:

1. Name of the woman: Victim ‘A’

2. Age: 16 years

3. Registration/Case Number: UHID NO. 108409743

4. Additional review done at AIIMS:

5. Opinion by the Medical Board for termination of pregnancy:

a) Allowed

b) Denied (✔)

6. Justification for the decision:

The Medical Board, after thorough clinical assessment, including obstetric ultrasound and psychiatric evaluation is of the opinion that the pregnancy is currently 26 weeks and 6 days and the fetus is currently viable (reasonable chance of survival even at the present time) with no gross congenital malformations. At this gestational age, medical termination of pregnancy, if undertaken, entails significant risks, including a higher likelihood of caesarean section, which could adversely affect her future reproductive health. The medical board feels

that continuation of the pregnancy for at least 8 more week is expected to offer a more favourable neonatal outcome. Victim Ms A has been offered the option of hospital admission and monitoring, to optimize her health prior to delivery.

Additionally, the victim Ms. A has been identified as a thalassemia trait carrier. In the interest of fetal health, it is medically advisable that the accused be tested for the same, and if positive, prenatal testing of the fetus be planned to rule out thalassemia major.

In case the Hon’ble Court considers permitting termination of pregnancy at this stage, clear guidance would be necessary on the management of the live fetus/neonate, particularly with respect to decisions on feticide (if permissible under law) or adoption post-delivery, given the viability of the fetus at this gestational age.

7. Physical fitness of the woman for the termination of pregnancy:

a. Yes (✔)

b. No ( )

8. Thus, it is quite obvious as per evaluation of the Medical Board, the pregnancy is, currently, at 26 weeks and six days.

9. The fetus is, reportedly, viable, with no gross congenital malformations.

10. As per the above extracted medical opinion, in view of the advanced gestational age, there is higher likelihood of caesarean section, which may adversely affect the future reproductive health of the minor in question. Medical Board has, therefore, given opinion of denial of such termination of pregnancy.

11. However, at the same time, it has also been opined by the Me