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W.P.No.2344 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :28.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No.2344 of 2026

and

W.M.P.No.2600 of 2026

Meganathan

Xxx

….Petitioner

Vs

1. The Dean

Department of Obstetrics and

Gynaecology Government Vellore

Medical college Vellore,

Tamilnadu -632 011

2.The Inspector of Police

AWPS-Arakonam Ranipet District

Tamilnadu

3.The State

Rep by secretary, Health

Department Secretariat, Fort

St.George, Chennai-600 009

…..Respondents

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W.P.No.2344 of 2026

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a writ of mandamus directing the 1^st respondent to

medically terminate the pregnancy of the petitioners daughters S in

accordance with section 5 of the Medical Termination of Pregnancy Act

1971 expeditiously.

For Petitioner : Ms.Deepika Murali

For Respondents 1 and 3 : Mr.M.Bindran,

Additional Government Pleader

For Respondent-2 : Mr.L.Baskaran,

Government Advocate

(Crl.Side)

ORDER

This Writ Petition has been filed seeking a direction to the 1^st

respondent to medically terminate the pregnancy of the petitioner’s

daughter, S, in accordance with section 5 of the Medical Termination of

Pregnancy Act 1971 expeditiously.

2. This Court, by order dated 22.01.2026, had directed the

Medical Board, which was constituted to examine the victim girl, and

submit its report on 27.01.2026.

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W.P.No.2344 of 2026

3. When the matter was taken up for hearing today, a report has

been submitted before this Court by the Medical Board through the

Dean, Government Vellore Medical College Hospital, Vellore, wherein

termination of the pregnancy has been clearly recommended at the

earliest.

4. On the earlier occasion, this Court had also requested the

learned counsel for the petitioner to have a personal conversation with

the victim in order to ascertain whether she is also willing to undergo

termination of pregnancy. The learned counsel would submit that she

had a detailed conversation with the victim, who has expressed her

willingness to terminate the pregnancy, as she is desirous of continuing

her education. She would further place a request this Court that the fetus

be preserved so that it can be sent for forensic examination at a latin

point in time when the case is posted before the Court.

5. Recording the above submissions, this writ petition is allowed.

The 1^st respondent, namely The Dean, Government Vellore Medical

College Hospital, Vellore. is directed to take necessary steps to

medically terminate the pregnancy of the petitioner’s daughter, XXX at

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W.P.No.2344 of 2026

the earliest. He is also directed to preserve the fetus for use at a later

point in time, once the case is registered and the trial commences.

6. Mr.Bindran, learned Additional Government Pleader appearing for

respondents 1 and 3 has undertaken to communicate the order of this

Court directly to the 1^st respondent, namely The Dean, Vellore Medical

College, Vellore. So that the termination of pergnancy need not await

the certified copy of orders. Mr.R.Aruputham, learned Special Sub

Inspector of Police, Arakkonam All Women Police Station, Ranipet

District, is also present before this Court. No costs. Consequently,

connected miscellaneous petition is closed.

28.01.2026

Index : Yes/No

Speaking Order : Yes / No

srn

Note : Issue order copy on 28.01.2026

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W.P.No.2344 of 2026

To

1. The Dean

Department of Obstetrics and

Gynaecology Government Vellore

Medical college Vellore,

Tamilnadu -632 011

2.The Inspector of Police

AWPS-Arakonam Ranipet District

Tamilnadu

3.The Secretary

Health Department Secretariat, Fort

St.George, Chennai-600 009

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W.P.No.2344 of 2026

P.T.ASHA,

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