While allowing a minor rape survivor to terminate her 28-week pregnancy after taking note of the medical report and the wishes of the minor as well as her father, the Delhi High Court has held that although the Medical Termination of Pregnancy Act (MTP Act) does not provide for termination of pregnancy over the gestational age of 24 weeks, the extraordinary jurisdiction of the Constitutional Courts can be invoked for termination of pregnancy in cases of rape where grave trauma is inflicted upon the minor.

The High Court was considering a petition filed under Article 226, read with Article 21 of the Constitution, as well as Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for the issuance of writ of mandamus or any other writs, directing the respondents to medically terminate the pregnancy of the petitioner.

Referring to the judgment of the Court in Minor J Thr Mother P Versus State and Another (2026), the Single Bench of Justice Mini Pushkarna held, “ Perusal of the aforesaid decision makes it clear that although the MTP Act does not provide for termination of pregnancy over the gestational age 24 weeks, the extraordinary jurisdiction of the Constitutional Courts can be invoked for termination of pregnancy in cases of rape, as in such cases, grave mental injury and trauma is inflicted upon the mind of the minor.”

Allowing the petition, the Bench ordered, “Needless to say, respondent no. 2, i.e., GNCTD shall bear all the expenses necessary for the termination of the pregnancy of the minor in question and her stay at the hospital during such period. The expenditure towards post-operative period shall also be borne by the State.”

Advocate Anwesh Madhukar represented the Petitioner while Standing Counsel Sanjay Lao represented the Respondent.

Factual Background

The petition was filed by the petitioner, who is a minor girl of 15 years of age, through her father. The petitioner was a victim of rape, and was at an approximate 26-28 weeks gestational period. The petitioner, as well as her father, wished to terminate the pregnancy, since the continuation of the same would result in grave mental injury to the petitioner.

By way of the petition, the intervention of the Court was sought for the termination of the pregnancy of the petitioner, since the current gestational age of the petitioner was beyond the permissible limits under the Medical Termination of Pregnancy Act, 1971 (MTP Act), as amended by the MTP (Amendment) Act, 2021.

Reasoning

On a perusal of the medical report, the Bench noted that the Medical Board of AIIMS, New Delhi, conducted a thorough clinical assessment of the petitioner, including obstetric ultrasound, psychiatric and psychological evaluation. After the clinical assessment, the Medical Board had opined that the termination of pregnancy could be allowed as the continuation of the pregnancy was likely to have an adverse psychological impact on the minor petitioner. The Bench also noticed that the petitioner was declared to be medically fit to undergo the procedure of medical termination of pregnancy.

Reference was made to Minor J (Supra) wherein the Court permitted medical termination of pregnancy of a minor, who was a victim of sexual assault, having a gestational period of around 26 weeks.

Thus, taking note of the desire of the minor as well as her father to terminate the pregnancy and the opinion of the Medical Board of AIIMS, the Bench allowed the prayer in the petition to medically terminate the pregnancy.

“The petitioner is permitted to get herself admitted at AIIMS, New Delhi on the strength of the present order for medical termination of her pregnancy”, it directed while also ordering, “Let the procedure for termination of pregnancy be carried out by a team of competent doctors in accordance with the provisions of MTP Act and the relevant Rules and Regulations and Guidelines prescribed for the aforesaid purpose.”

Cause Title: Minor R (Thr. Her Father R) v. State NCT Of Delhi (Neutral Citation: 2026: DHC:5164)

Appearance

Petitioner: Advocates Anwesh Madhukar, Pranjal S.

Respondent: Standing Counsel Sanjay Lao

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Delhi High CourtJustice Mini Pushkarna

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.