X vs State Of Chhattisgarh on 7 August, 2026

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    Chattisgarh High Court

    X vs State Of Chhattisgarh on 7 August, 2026

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    CGHC010299192026                                    2026:CGHC:34831
    
                                                                       NAFR
    
                HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                              WPC No. 4028 of 2026
    
    X Nil
                                                               ... Petitioner(s)
    
                                       versus
    
    1 - State Of Chhattisgarh Through Its Secretary, Health And Family
    Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal
    Nagar, Distt. Raipur, Chhattisgarh.
    
    2 - Collector District Bilaspur, Chhattisgarh.
    
    3 - Superintendent Of Police Distt. Bilaspur, Chhattisgarh.
    
    4 - Station House Officer P.S. Civil Lines Bilaspur, Distt. Bilaspur,
    Chhattisgarh.
    
    5 - Chhattisgarh Institute Of Medical Science Through Its Director And
    Medical Superintendent, Bilaspur, Distt. Bilaspur, Chhattisgarh.
                                                              ... Respondents

    (Cause-title taken from Case Information System)

    For Petitioner : Mr. Kishore Narayan, Advocate

    SPONSORED

    For State/Respondents : Mr. S.S. Choubey, Government Advocate
    Hon’ble Shri Amitendra Kishore Prasad, Judge
    Order on Board
    07.08.2026

    1. By filing the present petition under Article 226 of the Constitution

    of India, the petitioner has sought appropriate directions for

    termination of her pregnancy, which is alleged to have occurred
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    as a consequence of the sexual assault committed upon her. The

    petitioner is a victim of rape and offences punishable under the

    provisions of the Protection of Children from Sexual Offences Act,

    2012. It is the case of the petitioner that she is minor (aged about

    14 years & 10 months), she was subjected to sexual exploitation,

    as a result of which, she has conceived and is presently carrying

    the pregnancy of about 18 weeks. Petitioner has approached this

    Court seeking protection of her right to reproductive autonomy,

    bodily integrity and dignity, contending that continuation of the

    pregnancy would cause severe mental trauma and psychological

    distress to her. The petitioner has, therefore, invoked the

    extraordinary jurisdiction of this Court for issuance of appropriate

    directions to the concerned respondent authorities to facilitate

    medical termination of her pregnancy in accordance with law.

    The petitioner has prayed for following relief(s) :-

    “10. Reliefs Sought:

    10.1 That the Hon’ble Court may kindly be
    pleased to direct to respondent no.5 to
    constitute a medical board to assess the
    feasibility of carrying out medical termination of
    pregnancy upon the petitioner and report of the
    medical board may kindly be submitted before
    the Hon’ble Court for kind perusal.
    10.2 That the Hon’ble Court may kindly be
    pleased to direct to respondent no.5 to carryout
    medical termination of pregnancy upon the
    petitioner.

    10.3 That, the Hon’ble Court may kindly be
    pleased to direct to respondents authorities to
    bear the expenses of medical termination of
    pregnancy conducted on the petitioner.

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    10.4 Any other relief which this Hon’ble Court
    deems fit and proper in favour of the petitioner
    as per the facts & circumstance of the present
    case, in the ends of justice.”

    2. When the matter was taken up for hearing on 03.08.2026, this

    Court, after hearing learned counsel for the petitioner and learned

    State Counsel, took note of the submission that the petitioner is a

    victim of rape and is carrying a pregnancy alleged to have arisen

    out of the sexual assault committed upon her. Considering the

    nature of allegations, the relief sought by the petitioner and the

    provisions of the Medical Termination of Pregnancy Act, 1971, as

    amended in 2021, this Court directed the Chief Medical and

    Health Officer, District Bilaspur, to issue necessary instructions to

    the concerned medical team forthwith and ensure that the medical

    examination of the victim is conducted at the earliest. The detailed

    report of the Medical Board shall be submitted before this Court

    on or before 07.08.2026, enabling this Court to pass appropriate

    further orders in accordance with law.

    3. Learned State Counsel submits that, in compliance with the order

    dated 03.08.2026 passed by this Court, the petitioner was

    examined by the duly constituted Medical Board under the

    supervision of the concerned CMHO and the report thereof has

    been received from the concerned authorities and same is

    submitted before this Court.

    4. I have heard learned counsel appearing for the parties and
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    perused the record.

    5. Before adverting to the facts of the present case and the opinion

    rendered by the Medical Board, it would be apposite to notice the

    statutory framework governing the issue of medical termination of

    pregnancy. The field is regulated by the Medical Termination of

    Pregnancy Act, 1971, as amended in 2021. The object of the

    enactment is to provide a legal mechanism for termination of

    certain pregnancies by registered medical practitioners in

    specified circumstances while safeguarding the life, physical

    health and mental well-being of the pregnant woman. Section 3 of

    the Act constitutes the substantive provision governing the

    circumstances and conditions under which a pregnancy may be

    medically terminated. The said provision delineates the situations

    in which a registered medical practitioner may form an opinion

    regarding the permissibility of termination of pregnancy, including

    cases where continuation of the pregnancy would involve a risk to

    the life of the pregnant woman or cause grave injury to her

    physical or mental health. The provision also recognizes special

    categories of women, including survivors of sexual assault, rape,

    incest and minors, and incorporates a statutory presumption of

    grave injury to mental health in such cases. Since the adjudication

    of the present petition revolves around the applicability of the

    aforesaid statutory provisions, it would be appropriate to

    reproduce Section 3 of the Medical Termination of Pregnancy

    (MTP) Act, 1971, as amended in 2021 for ready reference:
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    “3. When Pregnancies may be terminated
    by registered medical practitioners.-

    (1) Notwithstanding anything contained in the
    Indian Penal Code (45 of 1860), a registered
    medical practitioner shall not be guilty of any
    offence under that Code or under any other law
    for the time being in force, if any pregnancy is
    terminated by him in accordance with the
    provisions of this Act.

    (2) Subject to the provisions of sub-section
    (4), a pregnancy may be terminated by a
    registered medical practitioner,-

    (a) where the length of the pregnancy does not
    exceed twenty weeks, if such medical
    practitioner is, or

    (b) where the length of the pregnancy exceeds
    twenty weeks but does not exceed twenty-four
    weeks in case of such category of woman as
    may be prescribed by rules made under this
    Act, if not less than two registered medical
    practitioners are, of the opinion, formed in good
    faith, that,-

    (i) the continuance of the pregnancy would
    involve a risk to the life of the pregnant woman
    or of grave injury to her physical or mental
    health; or

    (ii) there is a substantial risk that if the child
    were born, it would suffer from any serious
    physical or mental abnormality.

    Explanation 1.-For the purposes of clause (a),
    where any pregnancy occurs as a result of
    failure of any device or method used by any
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    woman or her partner for the purpose of limiting
    the number of children or preventing
    pregnancy, the anguish caused by such
    pregnancy shall be presumed to constitute a
    grave injury to the mental health of the
    pregnant woman.

    Explanation 2.-For the purposes of clauses (a)
    and (b), where any pregnancy is alleged by the
    pregnant woman to have been caused by rape,
    the anguish caused by the pregnancy shall be
    presumed to constitute a grave injury to the
    mental health of the pregnant woman.

    (2A) The norms for the registered medical
    practitioner whose opinion is required for
    termination of pregnancy at different
    gestational age shall be such as may be
    prescribed by rules made under this Act.

    (2B) The provisions of sub-section (2) relating
    to the length of the pregnancy shall not apply to
    the termination of pregnancy by the medical
    practitioner where such termination is
    necessitated by the diagnosis of any of the
    substantial foetal abnormalities diagnosed by a
    Medical Board.

    (2C) Every State Government or Union
    territory, as the case may be, shall, by
    notification in the Official Gazette, constitute a
    Board to be called a Medical Board for the
    purposes of this Act to exercise such powers
    and functions as may be prescribed by rules
    made under this Act.

    (2D) The Medical Board shall consist of the
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    following, namely:-

    (a) a Gynaecologist;

    (b) a Paediatrician;

    (c) a Radiologist or Sonologist: and

    (d) such other number of members as may be
    notified in the Official Gazette by the State
    Government or Union territory, as the case may
    be.”

    (3) In determining whether the continuance of a
    pregnancy would involve such risk of injury to
    the health as is mentioned in sub-section (2),
    account may be taken of the pregnant woman’s
    actual or reasonably foreseeable environment.

    (4) (a) No pregnancy of a woman, who has
    not attained the age of eighteen years, or, who
    having attained the age of eighteen years, is a
    mentally ill person, shall be terminated except
    with the consent in writing of her guardian.

    (b) Save as otherwise provided in clause (a),
    no pregnancy shall be terminated except with
    the consent of the pregnant woman.”

    6. In this regard, the Supreme Court in Suchita Srivastava and

    Another v Chandigarh Administration, (2009) 9 SCC 1 has laid

    down the guidelines based on the principle of “best interests”

    theory and held that the Court is required to ascertain the course

    of action which would serve the best interests of the person in

    question. Paras 36 and 37 read thus :

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    “36. Courts in other common law jurisdictions
    have developed two distinct standards while
    exercising “parens patriae” jurisdiction for the
    purpose of making reproductive decisions on
    behalf of mentally retarded persons. These two
    standards are the “best interests” test and the
    “substituted judgment” test.

    37. As evident from its literal description, the
    “best interests” test requires the Court to
    ascertain the course of action which would
    serve the best interests of the person in
    question. In the present setting this means that
    the Court must undertake a careful inquiry of
    the medical opinion on the feasibility of the
    pregnancy as well as social circumstances
    faced by the victim. It is important to note that
    the Court’s decision should be guided by the
    interests of the victim alone and not those of
    the other stakeholders such as guardians or
    the society in general. It is evident that the
    woman in question will need care and
    assistance which will in turn entail some costs.
    However, that cannot be a ground for denying
    the exercise of reproductive rights.”

    7. The Supreme Court in the matter of X v Union of India and

    others, (2016) 14 SCC 382 has clearly held that termination of

    pregnancy after 20 weeks to save life of pregnant woman (an

    alleged rape victim) in case of grave danger to physical and

    mental health of the said woman, is permissible, and observed as

    under :

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    “13. Having perused the medical report
    (relevant extracts whereof have been
    reproduced herein above), we are satisfied that
    a clear finding has been recorded by the
    Medical Board, that the risk to the petitioner of
    continuation of her pregnancy can gravely
    endanger her physical and mental health. The
    Medical Board has also expressed an advice
    that the patient should not continue with the
    pregnancy. In view of the findings recorded in
    Para 6 of the report, coupled with the
    recommendation and advice tendered by the
    Medical Board, we are satisfied that it is
    permissible to allow the petitioner to terminate
    her pregnancy in terms of Section 5 of the
    Medical Termination of Pregnancy Act, 1971. In
    view of the above, we grant liberty to the
    petitioner, if she is so advised, to terminate her
    pregnancy.”

    8. Similar proposition has been laid down by the Supreme Court in

    the matter of X and others v. Union of India and others, (2017)

    3 SCC 458 and also in the matter of Meera Santosh Pal and

    others v Union of India and others, (2017) 3 SCC 462.

    9. Further, in the matter of Mrs. A v Union of India and others, AIR

    2017 SC 4037 the Supreme Court has granted permission for

    termination of pregnancy of a woman, aged 22 years, in her 25th

    to 26th weeks of pregnancy holding that continuation of

    pregnancy can pose severe mental injury to the petitioner and no

    additional risk to the petitioner’s life is involved if she is allowed to
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    undergo termination of her pregnancy. Their Lordships held as

    under :

    “6. Upon evaluation of the petitioner, the
    aforesaid Medical Board has concluded that
    her current pregnancy is of 25 to 26 weeks.
    The condition of the foetus is not compatible
    with life. The medical evidence clearly suggests
    that there is no point in allowing the pregnancy
    to run its full course since the foetus would not
    be able to survive outside the uterus without a
    skull.

    7. Importantly, it is reported that the
    continuation of pregnancy can pose severe
    mental injury to the petitioner and no additional
    risk to the petitioner’s life is involved if she is
    allowed to undergo termination of her
    pregnancy.”

    10. In the case of X v Union of India & others, (2016) 14 SCC 382

    the request for termination of pregnancy was in a case where the

    pregnancy was of more than 20 weeks. The Supreme Court has

    permitted termination of pregnancy in matters, where the

    pregnancy was more than 20 weeks.

    11. Recently, the Supreme Court, in the matter of X v Principal

    Secretary, Health and Family Welfare Department,

    Government of NCT of Delhi and Another, (2023) 9 SCC 433

    held thus at para 127 :

    “127. The object of Section 3(2)(b) of the MTP Act
    read with Rule 3-B is to provide for abortions
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    between twenty and twenty-four weeks, rendered
    unwanted due to a change in the material
    circumstances of women. In view of the object,
    there is no rationale for excluding unmarried or
    single women (who face a change in their
    material circumstances) from the ambit of Rule 3-
    B. A narrow interpretation of Rule 3-B, limited only
    to married women, would render the provision
    discriminatory towards unmarried women and
    violative of Article 14 of the Constitution. Article
    14
    requires the State to refrain from denying to
    any person equality before the law or equal
    protection of laws. Prohibiting unmarried or single
    pregnant women (whose pregnancies are
    between twenty and twenty-four weeks) from
    accessing abortion while allowing married women
    to access them during the same period would fall
    foul of the spirit guiding Article 14. The law should
    not decide the beneficiaries of a statute based on
    narrow patriarchal principles about what
    constitutes “permissible sex”, which create
    invidious classifications and excludes groups
    based on their personal circumstances. The rights
    of reproductive autonomy, dignity, and privacy
    under Article 21 give an unmarried woman the
    right of choice on whether or not to bear a child,
    on a similar footing of a married woman.”

    12. Very recently, the Hon’ble Supreme Court in A (Mother of X) v.

    State of Maharashtra and others, Civil Appeal no.827/2026

    decided on 06.02.2026, while dealing with the similar issue, has

    held as follows :-

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    “16. ……Ultimately, the denominator is the fact
    that the child to be born is not out of a wedlock
    and secondly, the mother to be of the child does
    not want to bear such a child. If the interest of
    the mother is to be taken note of, then her
    reproductive autonomy must be given sufficient
    emphasis. The court cannot compel any woman,
    much less a minor child, to complete her
    pregnancy if she is otherwise not intending to do
    so; that would be more traumatic for a minor
    such as the appellant’s daughter in the instant
    case.

    17. In this regard we reiterate what has been
    observed by one of us (Nagarathna, J) in X vs.
    Union of India & Another
    , I.A. No.211690 of
    2023 in M.A. No.2157 of 2023 in Writ Petition
    (Civil) No.1137 of 2023 dated 11.10.2023 as
    under:

    “5. In this context, it would be necessary to
    reiterate the three Judge Bench Judgment of
    this Court in X vs. Health & Family Welfare
    Department
    , 2022 SCC OnLine SC 1321,
    authored by Dr. Justice D.Î¥. Chandrachud,
    presently the Chief Justice of India, of which
    paragraphs 99, 101 and 102 read as under:

    “99. The ambit of reproductive rights is not
    restricted to the right of women to have or
    not have children. It also includes the
    constellation of freedoms and entitlements
    that enable a woman to decide freely on
    all matters relating to her sexual and
    reproductive health. Reproductive rights
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    include the right to access education and
    information about contraception and
    sexual health, the right to decide whether
    and what type of contraceptives to use,
    the right to choose whether and when to
    have children, the right to choose the
    number of children, the right to access
    safe and legal abortions, and the right to
    reproductive healthcare. Women must
    also have the autonomy to make decisions
    concerning these rights, free from coercion
    or violence.

    XXX

    101. To this, we may add that a woman is
    often enmeshed in complex notions of
    family, community, religion, and caste.
    Such external societal factors affect the
    way a woman exercises autonomy and
    control over her body, particularly in
    matters relating to reproductive decisions.
    Societal factors often find reinforcement by
    way of legal barriers restricting a woman’s
    right to access abortion. The decision to
    have or not to have an abortion is borne
    out of complicated life circumstances,
    which only the woman can choose on her
    own terms without external interference or
    influence. Reproductive autonomy
    requires that every pregnant woman has
    the intrinsic right to choose to undergo or
    not to undergo abortion without any
    consent or authorization from a third party.

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    102. The right to reproductive autonomy is
    closely linked with the right to bodily
    autonomy. As the term itself suggests,
    bodily autonomy is the right to take
    decisions about one’s body. The
    consequences of an unwanted pregnancy
    on a woman’s body as well as her mind
    cannot be understated. The fetus relies on
    the pregnant woman’s body for
    sustenance and nourishment until it is
    born. The biological process of pregnancy
    transforms the woman’s body to permit
    this. The woman may experience swelling,
    body ache, contractions, morning
    sickness, and restricted mobility, to name
    a few of a host of side effects. Further,
    complications may arise which pose a risk
    to the life of the woman. A mere
    description of the side effects of a
    pregnancy cannot possibly do justice to
    the visceral image of forcing a woman to
    continue with an unwanted pregnancy.
    Therefore, the decision to carry the
    pregnancy to its full term or terminate it is
    firmly rooted in the right to bodily
    autonomy and decisional autonomy of the
    pregnant woman.

    (underlining by me)”

    6. Unwanted pregnancy as a result of failure
    in a family planning method, even during the
    period of Lactational Amenorrhea as in the
    instant case or as a result of sexual assault
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    results in the same consequence. The
    pregnant lady is not interested in continuing
    with the pregnancy. In such a situation
    whether the child to be born is viable or if the
    child would be a healthy child are not relevant
    considerations. What is to be focused upon
    is, whether, the pregnant lady intends to give
    birth to a child or not. This is what has been
    emphasized by this Court in the aforesaid
    three Judge Bench decision which is binding
    on this Bench.

    7. It may not be out of place to note that a
    foetus is dependent on the mother and
    cannot be recognized as an individual
    personality from that of the mother as its very
    existence is owed to the mother. It would be
    incongruous to conclude that the foetus has a
    separate identity from the mother and in spite
    of the physical or mental health of a mother
    being under threat, she will have to continue
    her pregnancy until the foetus is born which
    would endanger her delicate health. Such a
    position is contrary to Article 21 and 15(3) of
    the Constitution of India which recognize the
    right to life and liberty and particularly those
    of a woman.

    One cannot also lose sight of the fact that
    reproduction is unique to women and
    throughout her life, a woman goes through
    the process of menstruation, pregnancy,
    delivery, post-delivery phase and ultimately
    menopause. As stated above, right to
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    reproductive health being a woman’s human
    right would also include the right to an
    abortion. Otherwise, a woman who is forced
    into an unwanted pregnancy would
    experience physical and mental trauma and
    to endure the pregnancy which may continue
    in the post-natal period owing to which she
    would have the burden of bringing up an
    additional child and consequently, may lose
    out on other opportunities in life including
    right to employment and contribution to the
    income of the family.

    XXX

    This is not to say that in every case where
    there is an unwanted pregnancy, this Court or
    the High Courts ought to exercise its
    jurisdiction and order for termination. It would
    depend on the facts of each case.

    But in this case, when the petitioner is
    determined to terminate her pregnancy and
    has completely detached herself from the fact
    that she would be giving birth to her child
    shortly, she cannot be made worse off by this
    Court by declining to grant her the relief she
    has sought and thereby forcing her to
    continue with pregnancy.”

    13. This Court in WPC No. 270/2018 (Ku. Pooja Mandavi v. State of

    Chhattisgarh and others) decided on 02.02.2018 in paragraph

    No. 23 in a similar situation allowing the writ petition has held as

    under:

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    “23. Taking into consideration the entire facts
    including her age (13 years) and circumstances
    what has been stated by the victim, her
    gestational age, judicial precedents, taking into
    consideration her adolescent pregnancy and risk
    involved in childbirth, medical condition of the
    victim / petitioner, as she is suffering anemia
    and sickle cell (trait), considering the fact that
    the fetus if allowed to born, would have a limited
    life span with serious handicaps, and that as per
    Explanation I appended to sub-section (2) of
    Section 3 of the Act of 1971 mental agony of a
    rape victim (petitioner) has to be treated as a
    case of grave injury, particularly taking into
    consideration that it is in the best interests of the
    victim alone which has to be kept in view and
    considering the provisions of Sections 3 and 4 of
    the Act of 1971 and Explanation I that the
    termination of pregnancy is immediately
    necessary to save the life of a pregnant girl like
    the petitioner herein, in the interest of justice, it
    would be proper to direct that a team of five
    doctors shall consider the feasibility of
    termination of pregnancy at this gestational age.
    Accordingly, the writ petition is allowed…….”

    14. This Court in WPC No. 2836 of 2026 (XYZ and Another v. State

    of Chhattisgarh and others) decided on 15.06.2026 in

    paragraph No. 20 in a similar situation allowing the writ petition

    has held as under:

    “20. In the considered opinion of this Court, the
    facts of the present case squarely satisfy the
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    requirements envisaged under Section 3 of the
    Medical Termination of Pregnancy Act, 1971, as
    amended in 2021. The pregnancy is within the
    statutorily permissible period. The victim has
    expressed her free and informed desire not to
    continue with the pregnancy. The Medical Board
    has opined that termination is medically feasible.

    The pregnancy is alleged to be the
    consequence of repeated sexual assault upon a
    minor girl. Therefore, the statutory presumption
    of grave injury to the mental health of the
    petitioner stands attracted and there exists no
    legal impediment in permitting medical
    termination of pregnancy.”

    15. Given the facts and circumstances of the instant case and further

    referring to the judgment of the Hon’ble Supreme Court in the

    case of A (supra) and also Sarmishtha Chakraborthy (supra)

    permitted termination of pregnancy at the stage where the victim

    was carrying pregnancy for around 26 weeks. The Hon’ble

    Supreme Court in the case of Murugan Nayakkar v. Union of

    India and others, 2017 SCC Online 1092, considering the fact

    that the victim of rape must be given that much of liberty and right

    to decide whether she should continue with the pregnancy or she

    should be permitted to terminate the pregnancy.

    16. The petitioner victim of sexual exploitation herself carry stigma in

    her life. In facts situation of the case, if she is not permitted to

    terminate her pregnancy, which is result of sexual exploitation,
    19

    then it would be against her liberty and right to decide whether

    she continues with the pregnancy or not ?

    17. The Hon’ble Supreme Court in the matter of S v. The Union of

    India and others passed in Civil Appeal No.6667/2026 arising

    out of SLP (Civil) No. 14454/2026) decided on 24.04.2026 held

    in paragraphs No.11.3, 14 & 14.1, reads as under:-

    “11.3. We find that in cases of unwanted
    pregnancy, often the decision to terminate is
    made beyond the statutory period prescribed
    under the MTP Act owing to several reasons. It
    is under such circumstances that Constitutional
    Courts must weigh the circumstances in which a
    case in relation to the welfare of the pregnant
    woman has to be considered rather than the
    child to be born. In fact, under certain grounds,
    the MTP Act itself permits termination of
    pregnancy which is therefore recognised in law.
    The Constitutional Court is approached only
    when the statutory remedy is not available to a
    party. Can the Constitutional Court then say that
    since the statutory remedy is not available, no
    constitutional remedy would be available. That,
    in our view, cannot be the approach. A lack of
    remedy under a statute does not bar a
    constitutional remedy. The statute codifies a part
    of the constitutional remedy. If a case is not
    covered within the four corners of a statute then,
    can the constitutional relief be also denied? In
    our view, in such circumstances, the
    Constitutional Court ought to weigh all facts and
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    circumstances from the lens of the party who
    intends to terminate the pregnancy and is willing
    to undertake the medical risk, rather than
    compelling her to complete the pregnancy term
    and give birth to an unwanted child. If the
    pregnant woman carrying an unwanted
    pregnancy is compelled to continue such a
    pregnancy, then the constitutional rights of the
    pregnant woman would be breached.

    14. We may usefully refer to a three-Judge
    Bench judgment of this Court in X v. Health
    Family Welfare Department
    , 2022 SCC OnLine
    SC 1321, wherein it has been authoritatively
    held that a woman’s right to reproductive
    autonomy includes the right to choose whether
    and when to have children, the number of
    children to have, and the right to access safe
    and legal abortion and reproductive healthcare.
    This Court recognized that the decision to
    continue or terminate a pregnancy arises out of
    complex and deeply personal circumstances,
    which only the woman herself is best placed to
    evaluate. Reproductive autonomy, therefore,
    necessarily entails that every pregnant woman
    has the intrinsic right to decide whether to
    undergo an abortion. Importantly, this Court also
    observed that a mere clinical description of
    pregnancy cannot capture the profound physical
    and psychological consequences of forcing a
    woman to carry an unwanted pregnancy to term.
    Consequently, the decision to either continue or
    terminate a pregnancy is firmly rooted in the
    woman’s right to bodily integrity and decisional
    21

    autonomy, which are integral facets of her
    fundamental rights under Article 21 of the
    Constitution.

    14.1 In the context of the present case, we may
    refer to the decision of A (Mother of X) V. State
    of Maharashtra & Others
    in Civil Appeal No.827
    of 2026, where, on similar facts, this Court had
    allowed medical termination of pregnancy of 30
    weeks of a minor girl. In that case too, the
    pregnancy in question arose out of a consensual
    relationship, and much like the present case, the
    continuation of the pregnancy was stated to be
    traumatic both mentally as well as physically to
    the minor girl as it was an unwanted pregnancy.”

    18. At this stage, it would be relevant to notice that Explanation 2

    appended to Section 3 of the Medical Termination of Pregnancy

    Act, 1971, as amended in 2021, creates a statutory presumption

    that where a pregnancy is alleged to have been caused by rape,

    the anguish caused by such pregnancy shall be presumed to

    constitute a grave injury to the mental health of the pregnant

    woman. The legislative intent underlying the said provision is

    clear and unambiguous. A woman who is compelled to carry a

    pregnancy resulting from rape is presumed in law to suffer grave

    mental injury. The presumption assumes even greater

    significance where the victim is a child or a minor, as in the

    present case. The trauma arising from sexual assault, coupled

    with the social, emotional and psychological consequences of an
    22

    unwanted pregnancy, has a profound impact upon the life and

    future of the victim.

    19. This Court cannot lose sight of the fact that petitioner was minor

    when she was subjected to sexual exploitation. The pregnancy is

    not the result of a consensual relationship but is alleged to be the

    outcome of offences punishable under the POCSO Act. To

    compel such a victim to continue with the pregnancy against her

    wishes would amount to subjecting her to further trauma and

    would seriously impinge upon her bodily integrity, dignity, privacy

    and reproductive autonomy, all of which are facets of the right to

    life guaranteed under Article 21 of the Constitution of India.

    20. The victim has expressed her free will and informed desire not to

    continue with the pregnancy. The pregnancy is alleged to be the

    consequence of sexual assault upon a minor girl. Therefore, the

    statutory presumption of grave injury to the mental health of the

    petitioner stands attracted and there exists no legal impediment

    in permitting medical termination of unwanted pregnancy.

    21. Having perused the material available on record, the report

    submitted by the Medical Board constituted pursuant to the order

    dated 03.08.2026 and the legal position governing the field, this

    Court is of the considered opinion that the present case deserves

    to be examined not merely on the basis of the numerical

    gestational age reflected in the sonography report but in the

    backdrop of the constitutional rights of the petitioner and the
    23

    peculiar facts attending the case. The record reveals that the

    petitioner was subjected to sexual assault when she was a minor

    and, as a consequence thereof, conceived the present

    pregnancy. The FIR has already been registered for offences

    punishable under the provisions of the POCSO Act. The

    petitioner has consistently and unequivocally expressed her

    unwillingness to continue with the pregnancy and has

    approached this Court seeking protection of her reproductive

    autonomy and bodily integrity. The pregnancy is, therefore,

    undeniably an unwanted pregnancy resulting from rape and

    continuation thereof would undoubtedly inflict grave mental

    trauma and psychological suffering upon the petitioner.

    22. Explanation 2 appended to Section 3 of the Medical Termination

    of Pregnancy Act, 1971 creates a statutory presumption that

    where pregnancy is alleged to have been caused by rape, the

    anguish caused by such pregnancy shall be presumed to

    constitute a grave injury to the mental health of the pregnant

    woman. The legislative intent is explicit that a woman who has

    conceived as a consequence of rape should not be compelled to

    undergo further psychological trauma by continuation of an

    unwanted pregnancy. The said presumption acquires still greater

    significance where the victim was a minor on the date of the

    incident, as in the present case. Compelling such a victim to

    continue with the pregnancy against her wishes would amount to
    24

    perpetuating the trauma already suffered by her and would

    seriously impair her dignity, bodily integrity and mental well-being.

    23. The decisions of the Hon’ble Supreme Court in aforementioned

    case-laws unequivocally recognise that reproductive autonomy is

    an inseparable facet of the right to life and personal liberty

    guaranteed under Article 21 of the Constitution. The consistent

    view of the Supreme Court is that while considering requests for

    medical termination of pregnancy, the paramount consideration is

    the interest, dignity, bodily autonomy and mental health of the

    pregnant woman and not merely the gestational age reflected in a

    medical report. The Constitutional Courts are expected to adopt a

    purposive and humane interpretation consistent with the object of

    the enactment so that a victim of sexual assault is not compelled

    to undergo further physical and psychological suffering.

    24. Applying the aforesaid principles to the facts of the present case,

    this Court is satisfied that the petitioner has made out an

    exceptional case warranting exercise of extraordinary jurisdiction

    under Article 226 of the Constitution of India. The pregnancy is

    admittedly the consequence of rape committed upon the

    petitioner when she was a minor. The petitioner has consistently

    expressed her free and informed desire not to continue with the

    pregnancy. The gestational age reflected in the sonography

    report is itself an estimated assessment carrying an accepted

    margin of variation of approximately ±2 weeks and cannot be
    25

    treated as conclusive for denying relief in a case involving

    violation of fundamental rights. In the considered opinion of this

    Court, refusal to permit termination in the peculiar facts of the

    present case would result in continuing infringement of the

    petitioner’s right to dignity, privacy, bodily autonomy and

    reproductive choice guaranteed under Article 21 of the

    Constitution.

    25. On perusal of report submitted by the concerned Authority in

    compliance of order of this Court’s dated 03.08.2026, it appears

    that medical examination of the petitioner/victim has been

    conducted by the concerned Medical Board and according to the

    report, petitioner is mentally and physically fit to undergo the

    medical termination of her pregnancy.

    26. Consequently in order to secure the physical, mental and

    emotional well-being of the petitioner, who is a victim of rape and

    has consistently expressed her unwillingness to continue with the

    unwanted pregnancy, the present writ petition deserves to be and

    is accordingly allowed. The concerned Authorities are directed to

    conduct the medical termination of pregnancy of petitioner and,

    as such, petitioner is directed to appear before the concerned

    Authorities on 10.08.2026 (Monday) for admission in the hospital

    for termination of her pregnancy. The concerned Chief Medical

    and Health Officer, Bilaspur, is directed to ensure the admission

    of the petitioner in the conceived Government hospital having the
    26

    requisite infrastructure and expertise for undertaking medical

    termination of pregnancy. The procedure shall be carried out by a

    duly constituted multidisciplinary team of senior medical experts,

    including experienced Gynaecologists, Anaesthetists, Physicians,

    Neonatologists and such other specialists as may be considered

    necessary, strictly in accordance with the provisions of the

    Medical Termination of Pregnancy Act, 1971, as amended, and

    the applicable medical protocol, while taking all necessary

    precautions to safeguard the life and health of the petitioner.

    27. Before undertaking the procedure, the medical team shall obtain

    the informed written consent of the petitioner in accordance with

    law. The petitioner shall be apprised, in a language understood

    by her, of the nature of the procedure, the attendant risks,

    possible complications and the post-operative care required.

    Since the petitioner was minor at the time of the alleged incident

    and has throughout been accompanied and supported by her

    family, the presence of her mother/legal guardian shall also be

    ensured during the entire process, and necessary consent of the

    guardian, wherever required under law, shall also be obtained.

    28. The concerned Chief Medical and Health Officer shall personally

    supervise compliance of this order and extend all necessary

    medical, logistical and administrative assistance to the petitioner.

    The CMHO shall also ensure that necessary transportation,

    including ambulance facilities, is made available to the petitioner
    27

    for her travel to and from the hospital, if required, and that the

    procedure is undertaken in a safe, dignified and expeditious

    manner without causing any inconvenience or hardship to her.

    29. It is further directed that the petitioner shall be provided with all

    necessary pre-operative, operative and post-operative medical

    care, counselling and psychological support by the concerned

    hospital authorities. The identity, privacy and confidentiality of the

    petitioner shall be maintained with utmost care and shall not be

    disclosed to any person except to the extent required by law.

    30. Since Crime No.1012/2026 registered at Police Station -Civil

    Lines, Bilaspur, for offences punishable under the provisions of

    the POCSO Act and other allied penal provisions is stated to be

    under investigation/trial, the concerned hospital authorities shall

    preserve the foetal tissue, placenta, blood samples, DNA

    samples and all other biological material strictly in accordance

    with the applicable medical and forensic protocols. The same

    shall be appropriately sealed and preserved and shall be made

    available to the Investigating Officer, whenever required, for the

    purposes of investigation.

    31. A copy of this order shall be communicated forthwith to the

    concerned Chief Medical and Health Officer as well as the

    Superintendent of Police, Bilaspur, for immediate compliance.

    Learned State counsel shall also ensure prompt communication

    and implementation of this order without any delay.
    28

    32. The Chief Medical and Health Officer, Bilaspur, shall ensure

    faithful compliance of the directions contained herein and, after

    completion of the medical termination procedure and necessary

    post-operative treatment, shall submit a detailed compliance

    report before the Registrar (Judicial) of this Court within a period

    of two weeks. The report shall indicate the date on which the

    petitioner was admitted, the date of the procedure, the medical

    condition of the petitioner before and after the procedure, the

    treatment and assistance extended to her, and the steps taken for

    preservation of forensic evidence. The Registrar (Judicial) shall

    place the said report before the appropriate Bench for information

    and further orders, if required.

    33. The report submitted by the Medical Board pursuant to the order

    dated 03.08.2026 is taken on record. After retaining a copy

    thereof on the record of the case, the original sealed-cover report

    shall be resealed and kept in safe custody by the Registry,

    maintaining complete confidentiality of the identity and medical

    particulars of the petitioner.

    Sd/-

    (Amitendra Kishore Prasad)
    Judge
    J.



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