Medical termination of pregnancy beyond the statutory 24-week limit may be permitted to protect the reproductive rights and bodily privacy of a minor sexual assault victim if deemed medically safe by a board of experts.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.06.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY J.Muthukumari ... Petitioner Vs.

1. The Dean / The Head of the Department, Department of Endocriminology, Government Rajaji Hospital and MMC, Madurai.

2. The Chairman, Child Welfare Committee, NO.4, Sivasakthi Nagar Road, Arun High Tech City, Meenakshiamman Nagar, 10th Street, Suriya Nagar, Madurai.

3. The Legal cum Protection Officer, The District Child Protection Unit, Collectorate New Building, 3rd Floor, Madurai.

4. The Sub Inspector of Police, AWPS Samayanallur Police Station, Madurai. ...Respondents Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1st respondent to immediately constitute a Medical Board to evaluate the physical and psychological medical condition of the petitioners minor daughter and directing the 1st respondent to safely perform the Medical Termination of Pregnancy on the petitioners minor daughter X, considering her age and the trauma faced, in accordance with law and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case, and thus render justice.

For Petitioner :M/s.B.Rukmani For R1 to R3 :Mr.R.Parthiban Government Advocate For R4 :Mr.I.Murugesan Government Advocate

ORDER

The writ petition is filed for a mandamus to direct the 1^st respondent to constitute a Medical Board to evaluate the physical and psychological and medical condition of the petitioner's minor daughter and consequently, to direct the 1^st respondent to safely perform the Medical Termination of Pregnancy on the petitioner's minor daughter X, considering her age and the trauma faced in accordance with law.

2. Heard M/s.B.Rukmani, learned counsel appearing for the petitioner, Mr.R.Parthiban, learned Government Advocate, who takes notice on behalf of the respondents 1 to 3 and Mr.I.Murugesan, learned Government Advocate, who takes notice on behalf of the 4^th respondent.

3. Upon hearing the learned counsel for the petitioner and perusing the records of the case, it can be seen that the grievance of the petitioner is that her minor daughter, aged about 16 years, was subjected to aggravated penetrative sexual assault by a known accused while she was at home. The incident was not disclosed by the child until it was discovered by her mother. Consequently, a case in Crime No. 27 of 2026 was registered on the file of the All-Women Police Station, Samayanallur, for the alleged offences punishable under Sections 329(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 5(l), 5(j)(ii), and 6 of the Protection of Children from Sexual Offences Act, 2012. The case is presently under investigation.

4. Upon medical evaluation, it has been opined that the child is in the 30th week of pregnancy. Since the pregnancy has exceeded the statutory limit of 24 weeks prescribed under the Medical Termination of Pregnancy Act, 1971, the 1^st respondent has not proceeded with the termination of the pregnancy. Aggrieved by the same, the petitioner has approached this Court.

5. The learned Government Advocate appearing for the respondents submitted that, as the Act prescribes an upper limit of 24 weeks for termination of pregnancy, the authorities cannot undertake medical termination beyond the said period.

6. The Investigating Officer and the Diasoning Officer from the Government Rajaji Medical Hospital, Madurai, are also present before this Court, and this Court interacted with them.

7. The law on this issue has been settled by the Hon'ble Supreme Court of India in A (Mother of X) v. State of Maharashtra & Others (Civil Appea