IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8237 OF 2026 (GM-RES)

BETWEEN: 1. XXXXX REPRESENTED BY HER MOTHER, SMT. JAYASHALINI W/O SURESH RESIDING AT HOUSE NO. 117/7

6^TH CROSS, SB GROUP IDEAL MEADOWS LAYOUT, MARALUKUNTE VILLAGE JALA HOBLI, YALAHANKA TALUK BANGALORE CITY-562 149.

…PETITIONER (BY SMT. ANANDITHA REDDY, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed by NAGARAJA B M REPRESENTED BY Location: HIGH STATE PUBLIC PROSECUTOR COURT OF KARNATAKA THROGUH BAGALUR POLICE STATION YALAHANKA BENGALURU CITY - 562 149.

2. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (BMCRI)/

VICTORIA HOSPITAL HAVING ITS ADDRESS AT FORT ROAD, KRISHNA RAJENDRA CIRCLE BENGALURU - 560 002.

REP. BY MANAGING DIRECTOR

3. GENERAL HOSPITAL YELAHANKA HAVING ITS ADDRESS AT YELAHANKA, BENGALURU URBAN KARNATAKA - 560 064.

4. DISTRICT CHILD PROTECTION UNIT WELFARE DEPARTMENT COMPLEX BEHIND KIDWAI HOSPITAL DR. M.H. MARIGOWDA ROAD HOSUR ROAD, BENGALURU - 560 029.

REP. BY DIRECTOR

5. CHILD WELFARE COMMITTEE/

JUVENILE JUSTICE BOARD CJ AND JMFC COURT COMPLEX DEVANAHALLI BENGALURU RURAL DISTRICT - 562109.

DISTRICT HEALTH OFFICER.

6. DISTRICT LEGAL SERVICES AUTHORITY DISTRICT AND SESSIONS COURT COMPLEX BENGALURU-560 001.

…RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1, R3 TO R6;

V/O/D 12.03.2026 SRI. MOHAMMED AYUB ALI, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO IMMEDIATELY ADMIT THE PETITIONER AT RESPONDENT NO.2 HOSPITAL AND TAKE ALL STEPS NECESSARY TO MEDICALLY TERMINATE HER PREGNANCY FORTHWITH, FOLLOWING THE OPINION OF THE MEDICAL BOARD CONSTITUTED FOR THIS PURPOSE AND ETC.

THIS PETITION, COMING ON FOR FINAL HEARING, 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 10.03.2026 directed respondent No.2–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 has submitted its report today. The Medical Board has opined that the pregnancy has reached approximately 34 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 exercis