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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 04.12.2025 Judgment pronounced on: 15.12.2025 Judgment uploaded on: 19.12.2025 + W.P.(CRL) 2556/2025 MINOR S (THR GUARDIAN M) ....Petitioner Through: Mr. Anwesh Madhukar, DHCLSC with Mr. Ishat Singh Bhati, Mr. Pranjal Shekhar, Ms. Prachi Nirwan and Mr.

Gaurav Chahal, Advocates versus STATE GOVT OF NCT OF DELHI & ANR. ....Respondents Through: Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Chavi Lazarus, Mr. Manan Wadhwa, Mr. Luv Mahajan, and Ms. Sanskriti Nimbekar, Advocates CORAM:

HON’BLE DR. JUSTICE SWARANA KANTA SHARM

J U D G M E N T

Index to the Judgment BACKGROUND OF THE CASE ........................................................... 2 DIRECTIONS ISSUED BY THIS COURT ON PREVIOUS OCCASIONS ........................................................................................... 5 LAPSES NOTICED IN THE PRESENT CASE ................................ 14 Issues Flagged for Consideration of this Court ............................................. 15 CONCLUSION & DIRECTIONS ....................................................... 16 Assessment Reports Prepared by the Medical Boards – Need for Clarity and Completeness .............................................................................................. 16 Communication of Orders by the Child Welfare Committees .................... 17 Non-Functioning of Child Welfare Committees on Weekends and Holidays .............................................................................................................. 18 Pressing Constitutional Obligation and Compelling Circumstances for Passing of Additional Directions ..................................................................... 20 Compliance of Directions & Guidelines issued by this Court .................... 22 DR. SWARANA KANTA SHARMA, J BACKGROUND OF THE CASE

1. The present petition came to be instituted and was taken up for the first time by this Court on 14.08.2025, when an urgent prayer was made seeking directions for medical termination of pregnancy (MTP) of a minor rape victim aged about 14 years. On the date the matter was first listed, the victim was already carrying a pregnancy of about

28 weeks.

2. This Court was informed that the FIR had been registered on 08.08.2025. On the very same day, the victim was medically examined, and her ultrasound was conducted at AIIMS, Delhi, which revealed that she was carrying a pregnancy of about 27 weeks. However, it was only on 11.08.2025, i.e. three days later, that the minor victim was produced before the Child Welfare Committee (CWC), which passed certain directions in the matter. The order passed by the CWC, which is of considerable relevance, is extracted hereinbelow for reference:

“...When the child realized that her stomach is increasing, she shared it with her parental aunt. Child was taken to Pandit Madan Mohan Malviya Hospital, where the child came to know that she has pregnancy of 26-28 weeks.

Parental aunt M took the child S and her S**** (16 years) to PS Mehrauli, New Delhi, FIR was registered, CCL S**** was produced before JJB and placed in observation Home. MLC and 183 statement of S have been done and produced before CWC today is 26-28 weeks pregnant. S has stated before the Bench that she does not wants to keep the pregnancy. She wants to get the pregnancy terminated. Father is not present today. Her guardian/parental aunt M has also given consent for MTP. I Probono is appointed as a Support Person in this case. Child S wants to go with her Bua, but bua M does not want to take her to home in this situation. S and her bua have given consent in writing for MTP.

Directions

1. IO/PSI Varsha Chaudhary, PS Mehrauli, New Delhi is directed to approach Honourable High Court regarding directions for MTP, accordingly do the needful in the best interest of the child considering the safety and medical health issues.

2. IO/PSI Varsha Chaudhary is directed fur