Stop Unnecessary Court Referrals; Permission Not Needed For Terminating Pregnancy Below 24 Weeks If MTP Act Conditions Are Met: Madhya Pradesh High Court
The Court permitted termination of a 10-week pregnancy of a 17-year-old rape survivor, sought explanation from hospital authorities, issued directions so courts are not burdened with cases where medical practitioners are statutorily empowered to act.
Justice Vishal Mishra, Madhya Pradesh High Court
The Madhya Pradesh High Court, Jabalpur Bench has sternly observed that hospitals and medical authorities need not approach courts for permission to terminate pregnancies of up to 24 weeks where the conditions prescribed under the Medical Termination of Pregnancy (MTP) Act, 1971 are satisfied. The Court remarked that unnecessary judicial referrals in such cases delay urgent medical care and burden courts despite the statutory framework empowering registered medical practitioners to act.
The Bench made the observation while hearing a suo motu writ petition initiated on the basis of a letter addressed to the Registrar General concerning a 17-year-old rape survivor who was approximately 10 weeks pregnant. A Medical Board constituted in the matter opined that the pregnancy could be terminated, although it cautioned about certain medical risks due to the victim's young age and low body weight. The Board recommended that the procedure be carried out at a medical college equipped to handle any complications.
Justice Vishal Mishra observed, “This Court is coming across several matters wherein the age of fetus is less than 24 weeks. In pursuance to the statutory provisions provided under the Act of 1971, termination of pregnancy can be carried out by a registered Medical Practitioner where the age of the fetus does not exceed 20 weeks and if it exceeds 20 weeks but is less than 24 weeks, then by two registered Medical Practitioner. It is clearly provided under the Act of 1971. It is mentioned by the Medical Board that age of the fetus is 10 weeks. This Court failed to understands that once there is a specific provision provided under the Act of 1971, why permission of this Court is required for terminating pregnancy. The Board can take conscious view regarding to the same and looking to the heath status and condition of the victim as well as consent, the procedure of termination could have been adopted”.
Ajay Ojha, Government Advocate appeared for the respondent.
The Court further directed that fetal samples be preserved for DNA examination to aid the pending criminal investigation and that, if a child were born alive, the State Government would be responsible for its care.
Referring to Sections 3 and 5 of the Medical Termination of Pregnancy Act, 1971, the Court reiterated that pregnancies up to 20 weeks may be terminated by a registered medical practitioner and pregnancies between 20 and 24 weeks by two registered medical practitioners in eligible cases. It also relied on the Supreme Court's decision in A v. State of Maharashtra (2024) 6 SCC 327, which recognised reproductive choice as part of the fundamental right under Article 21 and emphasised that the pregnant person's consent is paramount.
“This Court repeatedly coming across such matters where instead of proceeding with the termination of pregnancy, the authorities are shifting their burden to one another and thereafter the matter travelled up to this Court and after getting a direction/permission from this Court for termination of pregnancy, the procedure is being carried out. Once the authorities themselves are competent to terminate the pregnancy in terms of provisions of Section 3 of the Act of 1971, then such permissions are not required from this Court. Cases of termination of pregnancy are of urgent nature and should have been addressed by the authorities themselves to the earliest, but despite of the same, time is being wasted for taking permission from the District Court as well as from the this Court prior to adopting the procedure…”, the Bench noted.
“…The Act of 1971 clearly provides that if victim who is less than 18 years of age, gives his consent for terminating her pregnancy in writing or consent is given by the guardian, the same can be terminated. Under these circumstances, there is no requirement for taking permission from this Court for adopting the procedure, if the terms of pregnancy does not exceed 24 weeks. Under, these circumstances, let an explanation from Civil Surgeon, Assistant Chief Superintendent of Hospital, District Madla be procured to the effect as to why in such cases where the age of fetus is less then 24 weeks, permission from the Courts is required”, the Bench said further.
It also directed that a copy of the order be sent to the Principal Secretary and Director of the Health Department, Government of Madhya Pradesh, with instructions to issue appropriate directions so that courts are not flooded with such matters in the future.
Cause Title: Prosecutrix X v. The State Of Madhya Pradesh & Others (Neutral Citation: 2026:MPHC-JBP:48177)
Appearances:
Petitioner: -
Respondent: Ajay Ojha, Government Advocate.