The right of a woman to undergo termination of pregnancy, particularly in cases of rape, is protected under law, emphasizing consent and health risks.

ORDER

In pursuance to the order dated 07.11.2025, Dr. Arvind Ghanghoria, Dean MGM Medical College Indore and Dr. Pooja Gandhi, Assistant Professor, MGM Medical College, Indore are present in person.

2. Pursuant to the letter addressed to the Registrar General dated 31.10.2025 as per directions issued by the Division Bench of this Court in the case of In reference (suo moto) vs State of M.P. : Writ Petition No. 5184 of 2025 decided on 20.02.2025, cognizance was taken and the letter was treated as suo moto petition. Accordingly, this writ petition came up for consideration before this Court.

3. The facts of the case, in substance, are that the prosecutrix is a mentally retarded and physically handicapped girl aged around 22 years. It is alleged that she was sexually assaulted and raped by accused against which an FIR as Crime No. 244 of 2025 for the offences under Section 64(2)(h) and 64(2)(m) of the BNS has been registered at Police Station Padam Nagar District Khandwa (M.P.). During medical examination, the victim was found to be pregnant.

4. It is submitted that the prosecutrix 'X' being a rape victim, is having every right to get the termination of her pregnancy. The opinion of the Medical Board dated 27.10.2025 is produced before this Court, the relevant extracts thereof read as follows :

5. The report of the Medical Board as per Form D dated 30.10.2025 is annexed along with the petition which reads as under :

"6. Opinion by Medical Board for termination of pregnancy :

Allowed looking at maternal, physical and physiological condition with high risk consent and due risks well explained."

6. From a perusal of the report so submitted, it appears that the examination has been conducted by the Medical Board including Department of Obstetrics and Gynecologists, Psychiatry, Pediatrician and Pathology. The report in terms of Form-D is taken on record. However, as there is a bar under the Medical Termination of Pregnancy Amendment Act, 2021. For terminating pregnancies exceeding 24 weeks, it is observed that termination can be performed with all the explained risk of the anticipated and unanticipated complications in relation to termination of Rh negative teenage pregnancy (high risk), provided risk of termination is same at this gestation and full term pregnancy. The report clearly indicates that the pregnancy can be terminated subject to certain risks. The risk factors will always be explained to the victim.

7. The relevant provisions under the Medical Termination of Pregnancy Act, 1971 which deal with the cases of termination of pregnancy are as under:

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) ...

(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that -

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or

(ii) ... ...

5. Sections 3 and 4 when not to apply. -

(1) The provisions of Section 4 , and so much of the provisions of sub-section

(2) of Section 3 as relate to the length o