IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7773 OF 2026 (GM-RES)

BETWEEN:

1. MS X REPRESENTED BY HER MOTHER SMT. NEELAMMA AGED MAJOR W/O NAGAPPA R/AT AJJAVARA, CHIKKABALLAPUR KARNATAKA-562 101.

…PETITIONER (BY SMT. VARSHITHA .K, ADVOCATE FOR SRI. DEEPAK BHASKAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by HIGH COURT OF KARNATAKA NAGARAJA B M Location: HIGH BENGALURU-560001 COURT OF KARNATAKA THROUGH CHIKKABALLAPUR WOMEN POLICE STATION HAVING ADDRESS AT MG ROAD, CHIKKABALALPUR KARNATAKA-562 101.

2. DISTRICT HOSPITAL CHIKKABALLAPUR HAVING ITS ADDRESS AT APMC ROAD, NH 206 CHIKKABALLAPUR KARNATAKA-562 101.

REP.BY DR. M. MANJULA PH. 9845382470

08156272388 EMAIL: DSCBPUR@GMAIL.COM

3. CHIKKABALLAPUR INSTITUTE OF MEDICAL SCIENCES AND TEACHING HOSPITAL HAVING ITS ADDRESS AT DISTRICT HOSPITAL CAMPUS MARALUSIDDESWARA TEMPLE AROOR KARNATAKA-562 104.

4. DISTRICT CHILD PROTECTION UNIT WELFARE DEPARTMENT COMPLEX BEHIND KIDWAI HOSPITAL DR. M.H. MARIGOWDA ROAD HOSUR ROAD, BENGALURU-560 002.

5. CHILD WELFARE COMMITTEE BEHIND KIDWAI HOSPITAL DR M H MARIGOWDA ROAD HOSUR ROAD BENGALURU-560 029.

6. KARNATAKA STATE LEGAL SERVICES AUTHORITY HIGH COURT OF KARNATAKA BENGALURU-560 001.

…RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R6;

SMT. SUMANA BALIGA, ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION TO THE R2 TO IMMEDIATELY ADMIT THE PETITIONER AT R2 HOSPITAL AND TAKE NECESSARY STEPS TO MEDICALLY TERMINATE HER PREGNANCY FORTHWITH AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The present writ petition is filed under Articles

226 and 227 of the Constitution of India seeking permission for medical termination of pregnancy of the victim, who is a minor and whose pregnancy is alleged to be the consequence of sexual assault attracting the provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2. Considering the urgency involved and the sensitive nature of the matter, this Court by order dated 06.03.2026 directed respondent No.3–Hospital to constitute a Medical Board comprising specialists in Obstetrics and Gynaecology, Paediatrics and other relevant disciplines to examine the victim and submit a report regarding:

(i) the gestational age of the foetus;

(ii) whether termination of pregnancy could be safely undertaken; and (iii) the risks, if any, to the life and health of the victim.

3. Pursuant to the directions issued by this Court, the Medical Board examined the victim and submitted its report dated 07.03.2026. The Medical Board has opined that the pregnancy has reached approximately 28 weeks of gestation, which is well beyond the stage of foetal viability. The Board has further opined that induction for termination at this stage would pose serious risk to the life of the mother and the baby, and therefore termination is not medically advisable.

4. The law relating to termination of pregnancy in India is governed by the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021 (for short "the Act").

5. Under Section 3 of the Act, pregnancy may ordinarily be terminated up to 20 weeks on the opinion of one registered medical practitioner and up to 24 weeks on the opinion of two registered medical practitioners for certain categories of women, which include survivors of sexual assault and minors.

6. Section 5 of the Act provides an exception permitting termination beyond the prescribed limit only when such termination is immediately necessary to save the life of the pregnant woman.

7. In cases where pregnancy has crossed the statutory limit, constitutional Courts exercising jurisdiction under Article 226 or Article 32 of the Constitution of India, have entertained p