IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 5 OF DECEMBER, 2025 WRIT PETITION No. 47693 of 2025 MAYARAM BURMAN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Dinesh Kumar Upadhyay - Advocate for the petitioner.

Shri Abhishek Singh - Government Advocate for the respondents/State.

ORDER This petition is filed seeking the following reliefs :

i. issue a writ in nature of mandamus directing the respondent to permit the daughter of petitioner to terminate the pregnancy with further direction to the respondents to terminate the pregnancy immediately.

ii. Any other relief, which this Hon'ble court may deem fit and proper in the facts and circumstances of the case including cost of litigation in favour of the daughter of petitioners.

2. The present petition has been filed by the father of rape victim. It is the case of the petitioner that his daughter is carrying a pregnancy, which was occurred due to rape against the daughter of petitioner. It is pointed out that rape was committed by the accused Purshottam @ Parshu Thakur with the daughter of petitioner on 13.09.2025. F.I.R. was lodged on 16.09.2025 in Police Station Belkheda vide Crime No. 225/2025 for offence under Sections 296, 351(2), 64(1) and 64 of B.N.S. and after registering the F.I.R. Police is investigating the matter and M.L.C. has also been done and after the investigation Doctor found that daughter of petitioner is having a pregnancy of about 12 weeks 1 day on 19.09.2025.

3. It is pointed out that the daughter of the petitioner is aged about 18 years and she has not been properly developed physically or mentally. She is not able to maintain herself and is dependent on her parents for her day to day activities. She has been declared medically handicapped and a certificate is filed along with the petition as Annexure-P/1. Looking to the medical condition of the petitioner's daughter, as she will not be in a position to carry the pregnancy and to maintain the child if born alive, the petitioner does not want to continue with the pregnancy. Therefore, this petition has been filed seeking termination of pregnancy.

4. It is pointed out that the MLC was carried out on 19/09/2025 and Sonography was also done on the same day which reflects that the pregnancy was 12 weeks and 1 day as on 19/09/2025. This goes to show that pregnancy is less than 24 weeks. It is also pointed out that in terms of the Medical Termination of Pregnancy Act, 1971, there are provisions for terminating the pregnancy. Section 3 of the Act deals with the termination of pregnancy and the same is reproduced as under:-

Section 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) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or (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) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

5. If the aforesaid provisions are applied to the facts and circumstances of the present case, it is seen that the pregnancy in the present case is nearing about 24 weeks. Therefore, in terms o