Courts cannot permit the medical termination of pregnancy beyond statutory limits if a competent Medical Board concludes that the procedure poses a serious risk to the life and health of the pregnant woman, as the safety of the victim is the paramount consideration.

WRIT PETITION NO. 12210 OF 2026 (GM-RES)

BETWEEN:

SMT. ARUNA

AGED ABOUT 37 YEARS

W/O MANOHAR

BATTALAHALLI VILLAGE AND POST

MUNGANAHALLI HOBLI

CHINTHAMANI TALUK

CHIKKABALLAPUR DISTRICT - 563 123.

…PETITIONER

(BY SRI JAGADEESHA K.J, ADV.)

AND:

1. THE STATE OF KARNATAKA

DEPARTMENT OF WOMEN AND

CHILD WELFARE, VIKASA SOUDHA

DR. AMBEDKAR VEEDHI

BANGALORE-01.

2. THE DISTRICT SURGEON

NANDI MEDICAL COLLEGE AND

RESEARCH INSTITUTE, TEACHING

HOSPITAL, DEPARTMENT OF HEALTH

HIGH COURT AND FAMILY WELFARE, CHIKKABALLAPUR

OF DISTRICT, CHIKKABALLAPUR - 562 101.

3. THE SUPERINTENDENT

GOVERNMENT HOME FOR GIRLS

DREEM CITY LAYOUT, OPP. INDIAN

PETROL BANK, B.B.ROAD

CHIKKABALLAPUR - 562 101.

…RESPONDENTS

(BY SMT. NAVYA SHEKAR, AGA FOR R-1;

SRI PREETHAM JUDE CORREA, ADV., FOR R-2)

Digitally signed by NANDI MEDICAL COLLEGE AND NAGARAJA B Location: HIGH COURT OF DISTRICT, KARNATAKA

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE LETTER FORWARDED BY THE R-3 FOR TERMINATION OF PREGNANCY OF THE VICTIM VIDE LETTER DTD. 11.04.2026 VIDE ANNX-G.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

1. 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 (hereinafter referred to as 'the POCSO Act' for short).

2. Considering the urgency involved and the sensitive nature of the matter, this Court by order dated 16.04.2026 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 has examined the victim and submitted its report dated 19.04.2026. The Medical Board has opined that the pregnancy has reached approximately 29 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 petitions seeking termination, primarily based on medical opinion regarding risk to the l