IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9387 OF 2026 (GM-RES)

BETWEEN:

MS X NAME OF THE PETITIONER HAS NOT BEEN DISCLOSED.

THE PETITIONER IS A MINOR AND A VICTIM OF SEXUAL OFFENCE.

HENCE, NON-DISCLOSURE OF HER NAME IS IN COMPLIANCE OF THE DIRECTIONS PASSED BY THIS HON'BLE COURT IN W.P NO. 6763 OF 2020 AND OF THE HON'BLE APEX COURT IN NIPUN SAXENA VS.

UNION OF INDIA (2019) 2 SCC 703 THE PETITIONER IS REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. BASANTI BIST BHANDHARI, AGED ABOUT 33 YEARS, Digitally signed W/O INDAR BAHADDUR, by CHAITHRA A Location: HIGH RESIDING AT NO. 170, COURT OF KARNATAKA NEAR BSPS GOVT. SCHOOL, KUVEMPU MAIN ROAD, KEMPAPURA, HEBBALA, BENGALURU, KARNATAKA - 560024.

…PETITIONER (BY SMT. SHILPA PRASAD, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560001

2. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, YELAHANKA PS, YELAHANKA SUB DIVISION, BENGALURU CITY.

3. DISTRICT LEGAL SERVICES AUTHORITY, BENGALURU, GROUND FLOOR, CITY CIVIL COURT, BENGALURU, KARNATAKA - 560001.

REPRESENTED BY ITS MEMBER SECRETARY

4. VANI VILAS HOSPITAL, VICTORIA HOSPITAL COMPOUND, FORT, K.R.ROAD, BENGALURU - 560 002 REPRESENTED BY ITS CHIEF SURGEON.

5. CHILD WELFARE COMMITTEE, BENGALURU HOMBEGOWDA NAGAR, BENGALURU, KARNATAKA- 560029.

REPRESENTED BY THE CHAIRPERSON

6. DISTRICT CHILDREN PROTECTION UNIT DHARAMARAM COLLEGE POST, BESIDE KIDVAY HOSPITAL, WELFARE DEPARTMENT COMPLEX, DR. MH MARIGOWDA ROAD, HOSUR RD, BENGALURU, KARNATAKA-560029.

REPRESENTED BY THE DISTRICT CHILD PROTECTION OFFICER.

…RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS AND CONSEQUENTLY DIRECT THE RESPONDENT NO. 4 TO TAKE NECESSARY STEPS TO TERMINATE THE PREGNANCY OF THE PETITIONERS DAUGHTER AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed seeking a direction against respondent No. 4 to take necessary steps to terminate the pregnancy of petitioner's daughter.

2. On filing of this petition, this Court had directed respondent No. 4-Vani Vilas Hospital to constitute a Board and examine the victim and send a opinion as to whether the medical termination of pregnancy is feasible in the case of hand.

3. Today, learned AGA has placed on record the opinion rendered by the Board constituted by the Medical Superintendent of 4th Respondent/Hospital. The said medical opinion is taken on record.

4. The Board is clearly of the opinion that the period of gestation is 30 weeks plus 3 days and the estimated foetal weight is 1,455 grams, indicating viable foetus. The Board has also opined that the victim is 17 years old and termination of pregnancy at this advanced gestational age may pose significant risk and adverse perinatal outcomes for the neonate.

5. 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").

6. 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.

7. 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.

8. 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 petitions seeking termination, primarily ba