Cannot Be Restricted By 24 Weeks’ Statutory Period: Delhi High Court Permits Termination Of 29-Week Pregnancy For Minor Rape Survivor

Consequentially, the Court permitted termination of a pregnancy exceeding 29 weeks in a minor rape survivor, noting the Medical Board’s opinion that she is medically and psychologically fit. It directed that the foetal tissue be preserved for DNA testing in the pending criminal case and that the State bear all expenses.

A Single Judge Bench of Justice Harish Vaidyanathan Shankar observed, “…the question of medical termination of pregnancy cannot be merely determined or restricted by the statutory period of 24 weeks, but must be examined in the context of the facts and circumstances of each case, including the age and the reason of such pregnancy, the medical opinion placed on record, and the rights and the interest of the pregnant woman. It is in the backdrop of the aforesaid legal position and the judicial precedents that this Court proceeds to examine the present case. This Court takes note of the fact that the Petitioner is a minor girl of approximately 17 years, and the pregnancy is stated to be unwanted and having been conceived from a rape, against which a FIR has already been registered at Police Station Khyala, Delhi. The gestation period of the said pregnancy exceeds weeks, as per the report of the Medical Board”.

Advocate Anwesh Madhukar appeared for the petitioner and Amol Sinha, ASC appeared for the respondent.

The petitioner, a minor of about 17 years, acting through her grandmother, invoked Article 226 read with Article 21 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. She sought directions for termination under Section 3(2) of the MTP Act. The pregnancy was unwanted and conceived from rape, for which an FIR has been registered. She and her grandmother submitted that continuing it would cause grave mental injury and psychological trauma.

The Court was assisted by the Report of the Medical Board for Pregnancy Termination Beyond 24 Weeks, constituted at the hospital where she is admitted. The Board found her physically fit and opined that she is “medically & psychologically fit for termination of pregnancy”. The State, Respondent No. 1, submitted that appropriate directions could be passed in light of the report and the prevailing law.

The Court relied on S v. Union of India (2026 INSC 446), where the Supreme Court permitted termination at 28 weeks. It noted the Supreme Court’s holding that constitutional courts exercising jurisdiction under Article 226 or Article 32 are not constrained by the MTP Act’s limits and must prioritise welfare, dignity, bodily integrity and reproductive autonomy, particularly for minors. It also noted that no woman, much less a minor rape survivor, can be compelled to carry an unwanted pregnancy to term merely because the gestational limit has been crossed.

Allowing the petition, the Court directed that the procedure be carried out by competent doctors under the MTP Act and its rules, with a complete record kept by the Medical Board. The hospital must preserve the foetal tissue for DNA testing. The State must bear the expenses of the procedure, her stay and post-operative care. If the child is born alive, the hospital and State authorities must ensure all feasible medical support, keep the child in an incubator and inform the Child Welfare Committee. If the minor and her family so wish, the child is to be given in adoption as per procedure. The authorities must strictly protect the survivor’s identity.

Cause Title: Minor V through Grandmother M v. State of NCT of Delhi & Anr. (Neutral Citation: 2026:DHHC:2446)

Appearances:

Petitioner: Anwesh Madhukar, Prachi Nirwan, Pranjal Shekhar and Diptasree Bag, Advocates.

Respondent: ASC Amol Sinha.

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