Rajasthan High Court – Jodhpur
Xxx vs The State Of Rajasthan on 14 July, 2026
Author: Sameer Jain
Bench: Sameer Jain
[2026:RJ-JP:31437]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 14408/2026
CNR: RJHC010662972026
URN: CW / 26285U / 2026
Xxx,
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Medical And Health Services, Government
Secretariat, Jaipur.
2. The Chief Medical And Health Officer, District Jodhpur.
3. The Superintendent, Dr. Sampurnanand Medical College,
Jodhpur, Rajasthan.
4. The Commissioner Of Police, Jodhpur City, Rajasthan.
----Respondents
For Petitioner(s) : Ms. Sapna Vaishnav
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
Dr. Shiv Prakash Paliwal
Dr. Divya Gehlot
HON'BLE MR. JUSTICE SAMEER JAIN
Order
14/07/2026
1. Petitioner has filed this present petition through her natural
guardian/ mother, for termination of pregnancy undergone for a
gestational period of 27 weeks (plus minus five days) as per the
medical report.
2. Learned counsel for the petitioner has relied upon the
provisions of MTP Act. It is submitted that petitioner is a rape
victim aged approximately 15 years. It is submitted that an FIR
No. 237/2026 is registered at Police Station Kudi Bhagtasni, Dist.
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[2026:RJ-JP:31437] (2 of 5) [CW-14408/2026]
Jodhpur (West) for the offence under Sections 65(1) of BNS, 2023
and Sections 5(j)(ii), 5(l), 5(q) and 6 of the POCSO Act.
3. Learned counsel for the petitioner has also furnished a
Medical Board (constituted at Umaid Hospital, Jodhpur) opinion
with the forwarded letter dated 11.07.2026, wherein following
opinion is opined and the same reads as under:
“According to Ultrasound Obstetrics Miss ‘P”
is having pregnancy of 27 weeks 4 days.
Blood investigation report shows her
hemoglobin is 10.1 gm/dl, Platelets- 1.99
lac/mm^3. As per USG Single live fetus of
27 weeks 4 days, fetus is viable and fetal
weight is 1145 gm. & if pregnancy is
terminated at this stage, the baby is likely
to be born alive bearing all the
consequences of prematurity & may need
prolonged NICU care. The female bears the
intrinsic risk of induction failure & operative
interventions at this period of gestation.
Dr. Divya Gehlot Dr. Shiv Prakash Paliwal Dr. Arshad
Senior Resident Medical Officer Medical Officer
Dept. of OBGY” Dept. of Pediatrics Dept. of Radiology”
4. Learned counsel for the respondents have fairly conceded
the contentions noted herein, however has submitted that the
parents of the victim ought to submit an undertaking before the
concerned Hospital, as per the Medical requirements, as the
procedure which is now to be opted is not of termination of
pregnancy but an endeavor to have a safe delivery/ pre-mature
delivery.
5. Having heard the counsel representing the parties, upon
carrying an interaction with the doctors present in the Court, who
have cautiously averred that termination of pregnancy at this
stage shall bear grave consequences upon the victim-mother as
well as the unborn, as the health, and medical conditions of the
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[2026:RJ-JP:31437] (3 of 5) [CW-14408/2026]mother are to be constantly monitored (having HgB @ below 11
and featus position as ‘breech’) taking note of the provisions of
MTP Act, which bars termination of pregenacy above the
gestational period above 20 weeks (relevant extract of which are
reproduced hereinbelow), and upon a perusal of the medical
opinion (placed on record) which states that the fetus as on date
is approximately of 27 weeks and 4 days and the female bears an
intrinsic risk of induction failure and operative interventions if
termination is practiced at this period of gestation; that the
petitioner herein is a rape victim, belonging to a humble
background; that relying upon the ratio encapsulated in A
(Mother of X) Vs. State of Maharashtra and Anr. reported in
2024 INSC 371, (2022) SCC Online SC 1231: “X” vs. Health
and Family Welfare Department and A (Mother of X) Vs.
State of Maharashtra and Anr. reported in 2026 LiveLaw
(SC) 160 and provisions of Article 21 of the Constitution of India
and the fact that the medical opinion states of high risk in carrying
out termination of pregnancy, this Court is inclined to dispose of
the present petition, with a direction/expectation that the
pregnancy at this stage is not permitted/need not to be
terminated. However, the parents/guardians of the victim shall
serve the requisite under taking, as it is opined that the
termination of the present pregnancy might have potential risk
and warrant surgical intervention, as pregnancy is 27 weeks and 4
days with breech position.
“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(Uploaded on 16/07/2026 at 10:36:10 AM)
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[2026:RJ-JP:31437] (4 of 5) [CW-14408/2026]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.”
6. Accordingly, this Court directs the Superintendent, Umaid
Hospital, Jodhpur, Rajasthan to proceed with the procedure qua
the petitioner as deemed medically necessitated, as per the
provisions of MTP Act, and not to permit termination of pregnancy
at this stage. Additionally, it is directed as follows:
6.1 Taking note of the fact that the state is parens patriae,
meaning thereby parent of the country, the respondents are
directed to provide the victim with all necessary care, nutritious
food and medical attendance before and after the delivery.
6.2 Superintendent, Umaid Hospital, Jodhpur, Rajasthan is
directed to ensure that all medical facilities are made available to
the victim before and after delivery, without payment of any fee,
charges or expenses of any nature and to ensure that the delivery
takes place in a safe environment.
6.3 The identity of victim shall be maintained at all stages
and her identity shall not be disclosed in the course of
hospitalization, treatment and admission.
6.4 The Rajasthan State Legal Services Authority (RSLSA)
as well as District Legal Services Authority (DLSA), concerned are
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[2026:RJ-JP:31437] (5 of 5) [CW-14408/2026]directed to pay suitable amount of compensation to the victim in
terms of the provisions contained under the Rajasthan Victim
Compensation Scheme, 2011, within a period of three months
from the date of receipt of certified copy of this order and the
amount of compensation be kept in Fixed Deposit in the name of
the victim for a period of two years.
6.5 If the guardian of the victim deems it appropriate,
requisite arrangements be made at the shelter home/ Balika Grah
concerned for stay, accommodation of the victim, if need so
arises.
6.6. Needless to say the decision of whether to give the
child up for adoption is entirely that of the guardian/parents of the
victim herein. It is made clear that if the petitioner herein opts for
adoption for the child, the concerned Child Welfare Committee
shall render due assistance.
7. In view of the above, and in view of the undertaking and
submissions made by the learned counsel appearing on behalf of
the petitioner/guardian (as appointed through legal aid services),
the present petition is disposed of, with above noted directions.
Copy of Medical Report dated 11.07.2026 is taken on record.
Pending applications, if any, shall stand disposed.
(SAMEER JAIN),J
s-257/DEEPAK
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