Minor Girl Has Got Domain Over Her Body And Also Got Autonomy In Taking Decision: Madras HC Allows Termination of 28-Week Pregnancy For Minor
“The minor girl has domain over her body and autonomy in taking a decision with regard to the continuance or otherwise of the pregnancy. The said right is an essential part of the right to life under Article 21 of the Constitution,” the Court observed.

The Madras High Court has permitted the termination of a 28-week pregnancy of a 16-year-old minor, affirming that she has autonomy over her body and the right to make decisions regarding her pregnancy under Article 21 of the Constitution of India.
The Single Bench of Justice S Sounthar while allowing the petition filed by the minor's mother, emphasized that the paramount consideration in such cases must be the best interests of the minor. The court noted that since medical termination concerns the body of the minor girl, her wishes should be given primary importance.
“The minor girl has domain over her body and autonomy in taking a decision with regard to the continuance or otherwise of the pregnancy. The said right is an essential part of the right to life under Article 21 of the Constitution,” the Court observed.
Facts of the Case
The petition was filed by the mother seeking directions to the Obstetrics and Gynecology Department at Vellore Medical College to terminate her daughter's pregnancy. She informed the court that her daughter was impregnated by a person with whom she had an affair, following which a case was registered against him under Sections 5(1), 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Since the pregnancy had exceeded 24 weeks, the hospital required a court order for the procedure.
The mother further stated that the pregnancy resulted from the sexual exploitation of her daughter, who was unable to understand the consequences. She added that her daughter, a Class 12 student, had board exams to attend, and in her best interest, the pregnancy should be terminated.
Court's Directions
To ascertain the minor’s wishes, the Court directed the Magistrate to visit her. The Magistrate’s report confirmed that the minor wanted to terminate the pregnancy. The Court also consulted the hospital and health department, which found no medical contraindications preventing the termination.
Recognizing that the mother was the sole breadwinner of the family and responsible for her children’s welfare, the Court held that she could be considered the minor's guardian under the Medical Termination of Pregnancy Act, 1971. As the Act mandates written consent from a guardian for terminating a minor’s pregnancy, the court found her consent valid.
Accordingly, the Court allowed the plea and directed the medical college to proceed with the termination as expeditiously as possible. Considering the ongoing POCSO case, the court also ordered the medical team to preserve the fetus for DNA or other medical tests and permitted the investigating officer to use it as evidence.
"The Dean of the second respondent Medical College is directed to arrange for medical termination of the pregnancy of the petitioner's daughter “S” and complete the procedure as expeditiously as possible, by taking into consideration the best interest of the minor girl; In view of the fact that the criminal case is pending investigation in Crime No.1 of 2025 under the provisions of POCSO Act, the second respondent shall preserve the fetus for carrying out DNA/medical test, if any, for the purpose of criminal case. The first respondent is entitled to utilise the fetus preserved by the second respondent for the purpose of investigation," the Court said.
Additionally, the Court directed that the minor girl’s statement to the Magistrate be kept in a sealed cover by the Registrar (Judicial) for one year before being preserved with the case records.
"The statement recorded by the Judicial Magistrate No.I, Vellore, [Judicial Magistrate – II (Full Additional Charge) Vellore, shall be kept in a sealed cover. The same shall be in the custody of the Registrar (Judicial) for a period of one year and thereafter, the same shall be preserved along with the case records. No costs," it ordered.
Cause Title: XYZ v. The Inspector of Police & Ors. [W.P.No.2237of 2025]
Appearance:-
Petitioner: Advocate Deepika Murali
Respondent: Advocates L.Baskaran (Government Advocate), Sneha (Standing Counsel)
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