[2026:RJ-JP:3403]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1658/2026 Father Of Minor ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Secretariat, Jaipur, (Raj.)

2. Station House Officer, Police Station Chechat, District-

Kota Rural, Rajasthan.

3. Investigation Officer, Police Station Chechat, District-Kota Rural, Rajasthan.

4. Superintendent, Public Health Center, Police Station Chechat, District-Kota Rural, Rajasthan.

5. J.K. Loan Hospital, Kota Through Supritendent.

----Respondents For Petitioner(s) : Ms. Devyani Rathore For Respondent(s) : Mr. Manoj Sharma, OIC, Medical And Health Secretariat (present in person)

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

24/01/2026

1. The petitioner herein has approached this Court inter alia, for issuance of appropriate directions to constitute a Medical Board at J.k Loan Hospital, Kota, calling for a medical evaluation report and for directing the respondents to terminate her pregnancy.

2. Brief facts giving rise to the present writ petition are that, the petitioner is the father of the victim, (a minor aged 16 years) registered an FIR No.0086/2025 dated 04.04.2025 at Police Station, Chechat, Kota-Rural, Rajasthan for offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, alleging kidnapping of his minor daughter. Thereafter, when the minor was feeling unwell, the father took her to J.K. Loan Hospital, Kota, where she was diagnosed with pregnancy of 25 weeks +/-1 Wk; on the same day, the mother of the minor filed an application before the Child Welfare Committee, Naanta, for termination of pregnancy of her minor daughter.

3. The minor and her parents were called for counselling by the District Legal Services Authority on 21.01.2026. During the counselling, the minor girl did not express her consent to terminate her pregnancy and expressed her wish to give birth; however, the parents of the minor expressed their will to terminate the pregnancy.

4. Thereafter, on 22.01.2026, a Medical Board was constituted at J.K. Loan Hospital, Kota, to examine the minor and the viability of the termination of pregnancy.

5. Learned counsel for the petitioner submits that the victim, being a minor of age 16 years, is not only a rape victim but also an unmarried girl, and if her pregnancy is not terminated, the same will cause her mental, physical, emotional and social trauma, which will adversely affect her life. In order to buttress her contentions, she placed reliance on the provisions of the Medical Termination of Pregnancy Act, 1971 and various judgments of the Hon'ble Supreme Court and this Court; she therefore prays that the present writ petition may kindly be allowed.

6. She further submits that if the medical termination of pregnancy is not allowed, then a direction may kindly be issued to the respondent-State to ensure that all the hospital facilities are made available to the minor and a suitable amount of compensation is paid to the minor under the provisions of the Rajasthan Victim Compensation Scheme, 2011.

7. Mr. Manoj Sharma, OIC, Medical and Health Secretariat, is present in person before this Court, and submits that, in the report of the Medical Board dated 22.01.2026, the gestation period of the minor's pregnancy has been recorded as 26 weeks & 5 days +/- 1 week. He further informed this Court that in the opinion of the Medical Board, terminating the pregnancy at this stage will be of higher risk for both the victim and the fetus and continuing the pregnancy till term will have the possibility of a lesser risk for the victim and the fetus.

8. Heard the submissions made at bar and considered the material available on record, more particularly the report of the Medical Board dated 22.01.2026, which is reproduced as under:

" उपरोक्त वि(cid:7)षयान्तर्ग(cid:13)त संदवि(cid:18)(cid:13)त पत्र के क्रम में लेख है विक वि(cid:29)विकत्सकीय परीक्षण HID No. 220126282129638 विदनांक 22.01.2026 विकया र्गया। बाविलका XXXXXX उम्र