IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.05.2025 CORAM THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Kenzer YYYY .. Petitioner Vs.

1.The Inspector of Police, AWPS Pallavaram, Tambaram District, Tamil Nadu. 2.The Dean, Chengalpattu Government Medical College Hospital, G.S.T.Road, Kancheepuram, Chengalpattu, Tamil Nadu – 603 001.

3.The State, Rep. by Secretary, Health Department, Secretariat, Fort St. George, Chennai – 600 009. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2^nd respondent to medically terminate the pregnancy of the petitioner's daughter M in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971 expeditiously.

For Petitioner : Ms.Deepika Murali For R1 : Mr.R.Muniyapparaj Additional Public Prosecutor For RR 2 & 3 : Ms.M.Sneha Special Panel Counsel

O R D E R

The petitioner seeks for the following relief:

“to pass a Writ of Mandamus directing the 2^nd respondent to medically terminate the pregnancy of the petitioner's daughter M in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971 expeditiously.”

2.The petitioner pleads that he is the father and natural guardian of a minor girl named XXXX. The child is aged about 13 years. She is studying VIII standard.

3.The child is a victim of multiple sexual assault by atleast 13 accused persons. As a result of the assault, the child XXXX has become pregnant. On coming to know of this fact, the petitioner reached out to the Child Help Line on 05.05.2025. Officials from the Child Help Line immediately visited the residence of the petitioner and recorded the statement of the child. They also informed the 1^st respondent police on the very day.

4.The petitioner states that his child was originally examined at a Private Hospital in Pammal. On their directions, the child was sent to Government Hospital at Chrompet. When the child was at the Hospital in Chrompet, the 1^st respondent police recorded a statement from her. Subsequently, on the advice of the Hospital at Chrompet, the child was shifted to the Chengalpattu Government Medical College Hospital at Chengalpattu. Yet again, a statement of the child was recorded at that Hospital.

5.Subsequently, the police have registered an FIR in Crime No.17 of 2025 under Sections 5(l), 5(g), 5(j)(ii) read with 6(1) of the Protection of Child From Sexual Offences Act, 2012, against the accused persons. The child XXXX is around 28 weeks pregnant. As the child neither has the physical nor mental capacity to take the pregnancy to its full term, the petitioner approached the 2^nd respondent invoking the Medical Termination of Pregnancy Act, 1971. The 2^nd respondent tendered an opinion on 12.05.2025 stating that as the gestational age is more than 24 weeks, they are not in a position to proceed further without an order of the Court. Hence, this writ petition.

6.When the matter came up for admission yesterday, I heard Ms.Deepika Murali for the petitioner, Mr.R.Muniyapparaj, Additional Public Prosecutor for the 1^st respondent and Ms.M.Sneha, Special Panel Counsel for the respondents 2 & 3.

7.Ms.M.Sneha, Special Panel Counsel has produced the instructions that have been given by The Dean, Chengalpattu Government Medical College Hospital, Chengalpattu, on 13.05.2025. The Psychiatrist opinion is that there are no psychological contra indication for medical termination of pregnancy and that psychologically, the child is fit at present. The Cardiologist has opined that there is low risk for anesthesia and surgical intervention for termination. The Radiologist opinion states that there are no gross anamolies existing and that the gestational age of the fetus is 27 to 28 weeks with adequate growth and liquor. The Neonatologist has opined that the fetus has crossed the period of viability and there is no fetal abnormalities. The Final Medical Board opinion states as follows:

“Final Medical Board opinion with OG opinion, Acc