B.P. Routray, J.

1. Heard Mr. R. Sarangi, learned counsel for the Petitioners, Mr. T.K. Dash as well as Mr. G. Tripathy, learned Additional Government Advocates, Mr. P.K. Parhi, learned DSGI along with Ms. P. Nayak, learned C.G.C. for respective parties.

2. Three Petitioners in present writ petition, where Petitioner No.3 is the minor girl and Petitioner Nos.1 & 2 are her mother and father respectively, have approached this Court praying for medical termination of pregnancy of Petitioner No.3.

3. The background fact of the case is that, Petitioner No.3, a minor girl aged about 16 years, is having date of birth on 10.07.2009. Initially, Capital P.S. Case No.249 dated 02.06.2025 was registered for commission of offence under Section 137 (2) of Bharatiya Nyaya Sanhita (in short, “BNS”) on the allegation that she was kidnapped by the accused on 02.06.2025. Subsequently, she was rescued by the Police and then kept in the custody of Child Welfare Committee (in short, “C.W.C.”), Khordha. However, the custody of the minor girl was given to her parents in the month of July 2025. Then again, the same accused allegedly kidnapped the minor girl on 29.08.2025 and on the complaint made by Petitioner No.1 (the mother) Capital P.S. Case No.474 dated 02.09.2025 was registered, as per the copy of the FIR under Annexure-6. The parents of Petitioner No.3 approached this Court in W.P.(Crl.) No.161 of 2025 praying for rescue of the minor girl by issuance of a writ of Habeas Corpus. This Court in Division Bench vide order dated 09.01.2026, presided by the Hon’ble Chief Justice, disposed of said W.P.(Crl.) with observation that since the minor child was rescued in the meantime (on 27.12.2025) and produced before the C.W.C., no fetter is there on the part of parents to approach the C.W.C. for directions/orders and it is open for said Committee to pass necessary directions in the welfare of child, who is in need of care and protection. At the time of rescue, Petitioner No.3 was medically examined and found carrying an embryo in her womb.

4. In the present writ petition, as stated above, all the Petitioners have approached this Court for medical termination of pregnancy of Petitioner No.3 which according to them is unwanted as she is a victim of offences under Sections 137(2), 87, 64(2)(m) and 61(2) of the BNS and Sections 6, 17 of the POCSO Act.

5. This Court vide interim order dated 22.04.2026 directed the Director of Capital Hospital, Bhubaneswar to constitute appropriate Medical Board and examine the health condition of the minor girl, the stage of pregnancy and whether termination of pregnancy could take place, if yes, the health risk involved to the minor girl in case the termination is effected, and to submit a report to this Court.

6. The Director, Capital Hospital, Bhubaneswar submitted the report of the Medical Board dated 23.04.2026 opining that the minor girl is required to be further examined by the Medical Board meant for medical termination of pregnancy beyond 24 weeks and depending upon their opinion, the Special Board will decide further action. The relevant portion of said report is re-produced below:

“4. On examination, the vitals of xx xx xx was recorded as an average body built, Pulse – 94 per Min, Blood Pressure – 116/80 MM/Hg. On Abdominal examination the height of the Uterus was 28 Weeks, relaxed & Foetal heart sound was audible. There was no uterine contraction & on PV Examination the Cervix was long & OS was closed & she was advised to continue Iron & Calcium tablets orally. The Blood & Urine Investigations were sent for antenatal profile & ultrasound was advised.

5. In view of the above, this committee decided that, after receiving these reports it will be sent to the existing Medical Board meant for Medical Termination of Pregnancy beyond 24 weeks. Depending upon their opinion the Special Board will decide whether to continue the pregnancy or to terminate the pregnancy.”

7. Again on 24.04.2026, this Court based on the report