The Court reiterated that the rights of minor victims of sexual assault must be balanced with welfare considerations in matters of pregnancy termination under the Medical Termination of Pregnancy Act.

JUDGMENT

This writ petition is filed seeking for a direction for medical termination of pregnancy of the petitioner’s minor daughter aged 16 years 6 months. The minor daughter of the petitioner was sexually abused, pursuant to which, she got impregnated. At the time of filing the writ petition, the gestation period of pregnancy had crossed 26 weeks. The pregnancy was confirmed by Ext.P1 scanning report dated 01.12.2025. Since she was undergoing a severe and serious mental trauma, the petitioner approached this Court seeking for a termination of pregnancy.

2. On 15.12.2025, after hearing the learned counsel for the petitioner and the learned Government Pleader, this Court referred the minor girl to the Medical Board, SAT Hospital, Government Medical College, Thiruvananthapuram. Today, when the case was taken up, The learned Government Pleader handed over a report dated 16.12.2025 of the Medical Board, comprising the Head of the Department of Obstetrics and Gynaecology, senior faculty members from the Department of Obstetrics and Gynaecology, and faculty from the Departments of Neonatology and Psychiatry. The opinion and conclusion of the Medical Board are as follows:

“Opinion of cardiologist :-

The Victim has MVP AML prolapse, moderate TR and Anemia. No absolute cardiac contraindication for continuation/Termination of pregnancy.

Opinion of Neonatologist:

In view of consanguinity, possibility of genetic diseases cannot be ruled out. At 28 weeks there is 60-70% chance of baby surviving if born alive. Baby will require prolonged NICU stay. Baby has risk multiple morbidities and high risk of neuro development adverse outcome on long term.

Termination may be considered after evaluating physical and mental status of patient as mother of Sarika is asking for termination of pregnancy.

Opinion of Anesthetist:-

If deciding for MTP under Anesthesia has due cardiac risk, Anemia should be evaluated and corrected.

Opinion of Psychiatry:

History suggestive of sadness of mood, crying spelts occasionally expressing depressive ideas for last two weeks after she was brought to Entry Home, Kollam. Based on history and mental status examination she is suffering from adjustment disorder and depressed mood. Continuation of pregnancy is likely to affect her mental health.

Conclusion:

Medical Board convened in the presence of HOD, Dept. of OBG, Senior faculties from Department of OBG, Faculties of department of Cardiology, Neonatology, Anesthesiology and Psychiatry it is opined that the victim minor girl xxxxxxx at 28 weeks can be considered for termination of pregnancy in view of her age and mental status of the child. The proceedings for MTP will be started as per the final Court order.

3. The termination of pregnancy is governed by the Medical Termination of Pregnancy Act, 1971 (‘Act’, in short) and the rules framed thereunder. The Act is a progressive legislation that regulates how pregnancies can be terminated.

4. Section 3 of the Act spells out the conditions to be satisfied to terminate a pregnancy, which reads as follows:

"S.3 - When pregnancies may be terminated by registered medical practitioners.—

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner, ―

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner, is or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty - four weeks