Chattisgarh High Court
Xyz vs State Of Chhattisgarh on 21 May, 2026
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Page 1 of 6
2026:CGHC:23446
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2616 of 2026
1 - XYZ (Particulars of Petitioner/ Victim In The Closed Envelop)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Ministry Of Public Health And
Welfare, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, Chhattisgarh.
2 - Collector Bilaspur, Distt. Bilaspur, Chhattisgarh.
3 - Chairman District Medical Board, Bilaspur, Chhattisgarh.
4 - Chief Medical Health Officer (Cmho) Medical Board Of Chhattisgarh
Institute Of Medical Science (Cims), Distt. Bilaspur, Chhattisgarh.
5 - Head Of Department (Hod) Department Of Gynaecology, Cims Bilaspur,
Distt. Bilaspur, Chhattisgarh.
6 - Station House Officer P.S. Civil Lines, Bilaspur, Distt. Bilaspur,
Chhattisgarh.
... Respondents
For Petitioner : Mr. Amit Xalxo, Advocate on behalf of Mr. Chitendra
Singh, Advocate.
For State : Mr. Shobhit Mishra, Dy. Govt. Advocate.
Hon’ble Shri Justice Narendra Kumar Vyas
Order on Board
21/05/2026
1. The petitioner is a victim of forcible sexual intercourse committed with
her by the accused of Crime No. 193/2026 registered at Police Station-
Civil Lines, District- Bilaspur (C.G.). As a result of said forcible sexual
intercourse, the petitioner is carrying pregnancy, which she wants to
abort, as the said pregnancy is causing her anguish and she does not
want to have a child born out of a person who has ravished her without
her consent and has subjected her to humility and embarrassment
before the society.
2. This petition has been filed on 15.05.2026 seeking a direction to the
Digitally
signed by
ARUN
ARUN KUMAR
KUMAR DEWANGAN
DEWANGAN Date:
2026.05.21
17:30:26
+0530
Page 2 of 6authorities to form a panel of expert medical practitioners for the
purpose of termination of petitioner’s pregnancy. The petitioner also
seeks direction to the respondents to admit her to Chhattisgarh Institute
of Medical Science (CIMS) Bilaspur as early as possible for deputing
the expert registered medical practitioners to cause termination of
pregnancy.
3. This Court vide order dated 19.05.2026 directed the Chief Medical &
Health Officer, Bilaspur to examine the petitioner by team of experts
one of which should be Gynecologist and to submit report in terms of
Section 3(2) of the Medical Termination of Pregnancy Act, 1971 (for
short “the Act, 1971”) and the Rules framed under the Act of 1971.
4. In compliance of the direction issued by this Court, the said authority
examined the victim and submitted their report before this Court
mentioning that the victim is carrying 14-16 weeks pregnancy.
5. I have heard learned counsel for the parties and perused the
documents placed on record with utmost satisfaction.
6. The law with regard to the proceedings for termination of pregnancy
has been framed in the Act, 1971 {as amended by the Medical
Termination of Pregnancy (Amendment) Act, 2021} and Section 3 of the
Act, 1971 specifically deals with the conditions. which are required and
which have to be adhered to. For better understanding, Section 3 of the
Act, 1971 is extracted below:-
“Section 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.
Page 3 of 6
(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 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 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
Page 4 of 6sub-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.”
7. Hon’ble the Supreme Court in the matter of X Vs. Union of India &
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 :-
“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 Hon’ble the Supreme Court
in the matter of X & others Vs. Union of India & others [(2017) 3 SCC
458] and also in the matter of Meera Santosh Pal & others Vs. Union
of India & others [(2017) 3 SCC 462].
9. Further, Hon’ble the Supreme Court in the matter of Mrs. A Vs. Union
of India and others [AIR 2017 SC 4037] has granted permission for
termination of pregnancy of a woman, aged 22 years, in her 25 th 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 undergo termination of her
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pregnancy. Hon’ble the Supreme Court in paragraph 6 & 7 has 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. 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. In the present case, it is quite
vivid that the petitioner is carrying 14-16 weeks pregnancy and unless
the judicial order directing termination is available, it may not be
possible for the doctors even to proceed with termination of pregnancy.
11. Considering the facts and circumstances of the case, the gestational
age; and judicial precedents, the writ petition is allowed.
12. The petitioner is directed to be admitted to the Government District
Hospital Bilaspur/ Chhattisgarh Institute of Medical Science (CIMS)
Bilaspur (with ICU facilities), today or in the early hours of tomorrow
and thereafter, the authority concerned shall depute expert registered
medical practitioners to cause termination of petitioner’s pregnancy by
obtaining consent of the victim/ her parents.
13. The authorities are also directed to preserve the DNA sample of the
fetus for further reference as the criminal case against the accused is
pending.
14. A copy of this order be immediately transmitted to the Collector
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Bilaspur, Chief Medical & Health Officer, Bilaspur, Dean Chhattisgarh
Institute of Medical Science (CIMS) Bilaspur, as also to the learned
counsel appearing for the State for necessary compliance.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
