BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY

W.P.(MD)No.246 of 2026 & W.M.P(MD)No.263 of 2026

Jeyasudha ...Petitioner

vs.

1.The District Collector,

Thanjavur District, Thanjavur.

2.The Dean,

Government Raja Mirasuthar Hospital,

Thanjavur, Thanjvur District.

3.The District Child Welfare Officer,

O/o.District Child Protection Wing,

Thanjavur,

Thanjavur District.

4.The Inspector of Police, All Women Police Station,

Kumbakonam,

Thanjavur District. ...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to terminate the pregnancy of the petitioner's minor daughter namely XXXXX aged about 17 years, by the Government registered Medical Practitioner in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971 as

expeditiously possible.

For Petitioner : Mrs.G.Prabahari For Respondents : Mr.K.Balasubramani, Special Government Pleader for R1 to R3 Mr.A.Albert James, Government Advocate (Crl. Side)

for R4

ORDER

This Writ Petition has been filed to direct the 2nd respondent to terminate the pregnancy of the petitioner's minor daughter, aged about 17 years, by a Government registered Medical Practitioner in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971 as expeditiously as possible.

2. Mr.K.Balasubramani, learned Special Government Pleader takes notice for the respondents 1 to 3. Mr.A.Albert James, learned Government Advocate (Crl. Side) takes notice for the fourth respondent.

3. By consent on either sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. The learned counsel appearing for the petitioner would submit the petitioner's daughter is about 17 years old. Due to penetrative sexual assault committed on her, she got pregnant, which she came to know only recently. Till then, the petitioner's daughter had been complaining about irregular menstrual periods. Immediately after knowing about the pregnancy of her daughter, the petitioner made a request for abortion to the Child Welfare Committee and in pursuance thereof, the third respondent communicated the same to the second respondent / the Dean, Government Raja Mirasuthar Hospital, Thanjavur. Subsequent to the same, the second respondent constituted a Medical Board and the Medical Board, in turn, on 20.12.2025, formed an opinion that since the individual's parents are requesting for termination and considering her social and psycho social aspects, the termination of pregnancy can be considered. Now, as on date, the petitioner's daughter is about 28 weeks pregnant. According to the learned counsel, even up to 28 weeks, termination of pregnancy is permissible.

Hence, the Writ Petition.

5. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that, in the present case, Medical Board has already formed an opinion that abortion can be carried out in the interest of the petitioner's daughter. He would submit that upto 20 weeks of pregnancy, abortion can be carried out safely. But, beyond the period of 20 weeks, as per the guidelines issued by the Apex Court, permission of the High Court is required for termination of pregnancy. Therefore, he prayed for appropriate orders.

6. I have given due consideration to the submissions made on either sides.

7. In the present case, the petitioner's daughter is a minor and she is pursuing first year in college. Initially the petitioner approached the Child Welfare Committee and upon the request made by the third respondent, the Dean, Government Raja Mirasuthar Hospital, Thanjavur constituted a Medical Board and the Medical Board, on 20.12.2025, arrived at a conclusion that the request of the petitioner can be considered safely.

8. In the event of termination of pregnancy beyond a period of 20 weeks, leave of High Court is required, which would be granted after obtaining opinion from a Medical Board. Howeve