The court may authorize the medical termination of pregnancy for a minor victim of sexual offense based on the recommendation of a Medical Board and the overall welfare of the minor, in accordance with the Medical Termination of Pregnancy Act.

ORDER

This writ petition is filed seeking the following prayer:

“…to issue writ order or orders, direction or directions more particularly one in the nature of writ of Mandamus declaring the inaction of respondent No.4 in not taking steps to effect a medical termination of pregnancy of the minor child of the petitioner despite the medical reports as arbitrary and unfair to the physical and mental well being of the minor child and consequently direct respondent Nos.3 and 4 to forthwith constitute a Medical Board to examine the minor child of the petitioner aged 16 years she being in a gestational age of 27 weeks 2 days as per the Antenatal Ultra Sound Report dated 29.04.2026, under the provisions of Section 3 (2)(b) of the Medical Termination of Pregnancy Amendment Act 2021 within the time frame fixed by the Hon’ble High Court and take steps to arrange for a medical termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act, 1971 as amended in 2021 within the time frame fixed by the Honourable High Court and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Heard Ms. Keerti Kabra, learned counsel for the petitioner, Ms. Swapna Madhuri, learned Assistant Government Pleader for Medical, Health and Family Welfare appearing for respondent Nos.1 and 4 and learned Government Pleader for Home appearing for respondent No.5.

3. The petitioner is the mother of victim girl aged 16 years in POCSO offence which is subject matter in FIR No.218 of 2026 registered at Chilkalguda Police Station, Hyderabad under Sections 64 (2) (m) BNS, 5(1) read with 6 of POCSO Act, 2012 and Sections 9 and 10 of the Prohibition of Child Marriage Act.

4. Prior to 27.04.2026, as her minor daughter was feeling week and suffering from health issues, the petitioner took her to Gandhi Hospital and upon medical examination the doctors declared that her minor daughter was four months pregnant and that she learnt the minor daughter was lured by one D.Devraj on the false pretext of love and marriage irrespective of her age. Thereafter, during the course of check up, the said Davraj induced the minor daughter of the petitioner to come along with him and that the minor daughter eloped with him. When the petitioner to proceeded to lodge a complaint for missing the minor daughter, the said Devraj came to the police station along with her minor daughter and having allegedly performed a marriage with her. On complaint made by her, FIR was registered. The victim was examined at Gandhi Hospital and her pregnancy was confirmed. As per scanning report, the victim’s foetus is aged about 27 weeks 2 days. The petitioner wants the pregnancy of her minor daughter to be terminated in view of the health condition of the minor victim girl and her welfare.

5. In that context, upon hearing the petitioner’s case, the minor girl was referred to respondent No.4-Hospital for examination and submission of a report on the feasibility of termination of pregnancy.

6. Learned Assistant Government Pleader for Medical, Health and Family Welfare, in compliance of orders of this Court dated 04.05.2026, submitted a report on 05.05.2026 wherein the Medical Board has conducted a clinical examination and opined that the victim is fit for termination of pregnancy, considering her current period of gestation and associated risks.

7. In view of the medical opinion given by the Medical Board of respondent No.4-Hospital and keeping in view the welfare of the minor and her health condition, termination of pregnancy is ordered subject to the following conditions:

1) Respondent No.4 - the Superintendent, Gandhi