1. Minor rape victim seeking direction for medical termination of pregnancy and ancillary reliefs under POCSO Act. (Para 1 , 2 , 3 )
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THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
MS. X – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 30971/2025
(A) Protection of Children from Sexual Offences Act, 2012 - Sections 4(2), 5(j), 5(L), 6 - Bharatiya Nyaya Samhita, 2023 - Section 351(2) - Medical Termination of Pregnancy Act, 1971 (as amended 2021) - Juvenile Justice (Care and Protection of Children) Act, 2015 - Constitution of India - Articles 226, 227, 235 - Writ of Mandamus - Minor victim of sexual assault - Termination of pregnancy - Bodily autonomy - Best interest of child - Medical Board opinion - Standard Operating Procedure for protection and rehabilitation of minor victims of sexual offences - Directions for preservation of foetus for DNA testing, compensation, and expenses.
(B) The court emphasized that all agencies must follow trauma-informed care, zero delay mandate, and maintain confidentiality. The SOP includes digital POCSO portal, pseudonym identifier, automated timelines, and inter-agency coordination.
(C) The court held that the minor victim's right to bodily autonomy and freedom includes the right not to continue a pregnancy resulting from rape, and forcing her to bear a child would cause severe mental harm.
Facts of the case:
The petitioner, a 13-year-old minor, was sexually assaulted by a friend of her uncle, resulting in pregnancy. A FIR was registered under POCSO and BNS. The victim and her family had poor socio-economic background. They sought MTP as the pregnancy was unwanted and traumatic.
Findings of Court:
The medical board opined that termination was possible. The court accepted the report, considering the age of the victim, trauma, and inability to mother a child. The court also noted recurring issues of delayed MTP and lack of standard procedures, and thus formulated an indicative SOP to be followed until a formal SOP is issued by the state.
Issues: (1) Whether the minor victim's pregnancy should be terminated? (2) Whether a standard operating procedure is required for handling minor victims of sexual offences to avoid delays and ensure comprehensive care?
Ratio Decidendi: The court allowed the MTP based on medical board's recommendation and the victim's right to bodily autonomy. The court also exercised its supervisory powers under Articles 227 and 235 to issue a SOP to ensure uniform implementation of the legal framework for protection of child victims.
Result: Writ petition allowed. Directions issued for MTP, preservation of foetus, DNA test, expenses by state, consideration of compensation, and relisting for compliance report on 13.12.2025.
Based on the provided legal document, the key points are as follows:
The Court has issued a writ of mandamus directing the respondent to take necessary steps to terminate the pregnancy of the minor petitioner, who is a victim of sexual assault (!) (!) .
The Court has directed respondent No.4 to preserve the terminated fetus for DNA testing and analysis relevant to ongoing criminal proceedings (!) .
The DNA test of the fetus is to be conducted by respondent No.2 in relation to the investigation of the case registered at Vishwanathpura Police Station (!) .
The Court has ordered respondent No.1 to bear the entire expenses associated with the medical termination of pregnancy (!) .
Respondent No.3 is directed to consider the appropriate compensation for the victim in accordance with the applicable scheme for women victims/survivors of sexual assault (!) .
Although the matter is disposed of, it has been re-listed for further consideration based on the report to be filed in accordance with the Court’s directions (!) (!) .
The Court emphasized the importance of safeguarding the minor’s bodily autonomy, mental health, and socio-economic circumstances, as well as the necessity of a trauma-informed approach and confidentiality in handling such sensitive cases (!) (!) (!) (!) (!) (!) (!) (!) .
The Court highlighted the need for a standardized protocol for managing cases involving minors and sexual offences, including timely reporting, medical examination, investigation, and judicial proceedings, all supported by a digital and integrated system to ensure transparency, confidentiality, and accountability (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The Court underscored the importance of the child’s best interests, trauma-informed care, and the protection of her privacy throughout all stages of investigation, trial, and rehabilitation (!) (!) (!) (!) (!) .
The Court also directed that the entire process, including medical procedures, investigation, and judicial orders, be conducted with strict adherence to procedural timelines, technological safeguards, and confidentiality protocols as outlined in the SOP for the protection and rehabilitation of minor victims of sexual offences (!) (!) (!) .
These points collectively reflect the Court’s comprehensive approach to ensuring the minor victim’s rights, safety, and dignity are prioritized while facilitating the ongoing criminal investigation and judicial process.
1. Minor rape victim seeking direction for medical termination of pregnancy and ancillary reliefs under POCSO Act. (Para 1 , 2 , 3 )
2. Petitioner argued that continuing pregnancy would cause severe mental trauma and violate bodily autonomy. (Para 4 )
3. Writ allowed; court directed termination of pregnancy, preservation of fetus for DNA testing, and compensation. (Para 10 )
Yes, based on medical board recommendation and the child's right to bodily autonomy and best interest. (Para 5 , 6 , 7 , 8 )
Yes, the court directed preservation and DNA testing for the pending criminal proceedings. (Para 10 )
The state bears MTP expenses and compensation under the victim compensation scheme must be considered. (Para 10 )
The court formulated a comprehensive SOP covering reporting, medical care, investigation, rehabilitation, and accountability. (Para 9 )
ORAL ORDER
1. The Petitioner is before this Court seeking for the following reliefs;
i. Issue a Writ of Mandamus and consequently direct the Respondent No. 4 to take necessary steps to terminate the pregnancy of the Petitioner.
ii. Issue a Writ of Mandamus directing Respondent No. 4 to preserve the terminated foetus for the purpose of DNA testing and analysis;
iii. Issue a writ of Mandamus directing Respondent No. 3 to conduct DNA Test of the terminated foetus for the purpose of investigation in Crime No. 0228 of 2025 registered before Respondent No. 3 i.e., Kothanur Police Station;
iv. Issue a Writ of Mandamus directing Respondent No. 1 to meet the entire expense of the Petitioner towards medical expenses, counselling and other treatment she might have to undergo;
v. Issue a Writ of Mandamus directing Respondent no. 3 to disburse a sum of Rs. 3,00,000/- (Rupees Three Lakh only) towards compensation as per the 'Compensation Scheme for Women Victims/survivors of Sexual Assault/other'
vi. Grant such or other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case.
2. The Petitioner is a 13-year-old represented in this matter by her Natural Guardian Mother. Petitioner is studying in class 7 at the Government School at Bidaluru, her father being a stonemason, and her mother is a daily wage worker. The Petitioner resided with her parents, her younger brother and her uncle (her father's brother) at a rented premises in Bidaluru. The said uncle had introduced his friend, one Shashi Kumar, to the Petitioner's parents and informed them that Shashi Kumar's mother had passed away and that he had no one to take care of him and requested that he be permitted to reside with the family.
3. It is alleged that Shashi Kumar had a forcible sexual intercourse with the Petitioner, and he had threatened the Petitioner with dire consequences if she revealed the assaults. Finally, the matter came to light on a medical examination when the Petitioner was found to be pregnant. In that background, a FIR in Crime No.213 of 2025 came to be registered under Section 4 (2), 5(j), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 351(2) of the Bharatiya Nyaya Samhita (BNS), 2023.
4. Sri.K.S.Ponnappa., learned counsel appearing for the Petitioner, would submit that;
4.1. The Petitioner, being 13 years of age, is not in a position to bear the trauma of continuing the pregnancy.
4.2. The same would cause serious damage to the mental health of the Petitioner
4.3. The socio-economic condition of the Petitioner and family is such that they are not in a position to raise a child
4.4. The Petitioner would not be able to continue with her education and
4.5. She would be subjected to public and social humiliation through ostracisation.
4.6. The Petitioner is entitled to a bodily autonomy and freedom and is entitled not to continue a pregnancy which is unwanted, which occurred without her consent and is a result of an offence of a rape.
4.7. He submits that forcing the Petitioner to have a child will neither be in the interest of the Petitioner or the child and is likely to cause severe mental harm and injury to even the child, if born. On that basis, his submission was that the matter could be referred to the Medical Board for ascertaining if MTP could be conducted in a proper manner.
5. Taking into consideration the said submission, the Petitioner was referred to the Medical Board of Respondent No.4-Hospital. The said Board submitted a report on 15.10.2025, wherein the Medical Board has opined that termination of pregnancy could be carried out.
6. The opinion of the paediatrician is categorical in that the pregnancy could have physical and psychological effects including traumatic impact on the mental health of 13 year old, the radiologist has opined that MTP can be performed, the anaesthetist has opined that there is no concern in relation to anaesthesia, the obstetrician's opinion is that MTP can be performed, so, also
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