1. This writ petition is filed seeking for a direction for medical termination of pregnancy of the petitioner’s minor daughter aged 16 years 6 months. The minor daughter of the petitioner was sexually abused, pursuant to which, she got impregnated. At the time of filing the writ petition, the gestation period of pregnancy had crossed 26 weeks. The pregnancy was confirmed by Ext.P1 scanning report dated 01.12.2025. Since she was undergoing a severe and serious mental trauma, the petitioner approached this Court seeking for a termination of pregnancy.

2. On 15.12.2025, after hearing the learned counsel for the petitioner and the learned Government Pleader, this Court referred the minor girl to the Medical Board, SAT Hospital, Government Medical College, Thiruvananthapuram. Today, when the case was taken up, The learned Government Pleader handed over a report dated 16.12.2025 of the Medical Board, comprising the Head of the Department of Obstetrics and Gynaecology, senior faculty members from the Department of Obstetrics and Gynaecology, and faculty from the Departments of Neonatology and Psychiatry. The opinion and conclusion of the Medical Board are as follows:

                  “Opinion of cardiologist :-

                  The Victim has MVP AML prolapse, moderate TR and Anemia. No absolute cardiac contraindication for continuation/Termination of pregnancy.

                  Opinion of Neonatologist:

                  In view of consanguinity, possibility of genetic diseases cannot be ruled out. At 28 weeks there is 60-70% chance of baby surviving if born alive. Baby will require prolonged NICU stay. Baby has risk multiple morbidities and high risk of neuro development adverse outcome on long term.

                  Termination may be considered after evaluating physical and mental status of patient as mother of Sarika is asking for termination of pregnancy.

                  Opinion of Anesthetist:-

                  If deciding for MTP under Anesthesia has due cardiac risk, Anemia should be evaluated and corrected.

                  Opinion of Psychiatry:

                  History suggestive of sadness of mood, crying spelts occasionally expressing depressive ideas for last two weeks after she was brought to Entry Home, Kollam. Based on history and mental status examination she is suffering from adjustment disorder and depressed mood. Continuation of pregnancy is likely to affect her mental health.

                  Conclusion:

                  Medical Board convened in the presence of HOD, Dept. of OBG, Senior faculties from Department of OBG, Faculties of department of Cardiology, Neonatology, Anesthesiology and Psychiatry it is opined that the victim minor girl xxxxxxx at 28 weeks can be considered for termination of pregnancy in view of her age and mental status of the child. The proceedings for MTP will be started as per the final Court order.

3. The termination of pregnancy is governed by the Medical Termination of Pregnancy Act, 1971 (‘Act’, in short) and the rules framed thereunder. The Act is a progressive legislation that regulates how pregnancies can be terminated.

4. Section 3 of the Act spells out the conditions to be satisfied to terminate a pregnancy, which reads as follows:

                  "S.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 woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may 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 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."

5. Going by Explanation II, in a case in which pregnancy is alleged 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. In this context, it may also be appropriate to read Rule 3B of the Medical Termination of Pregnancy Rules, 2003. Under Rule 3B, specific categories of women are to be considered eligible for termination of pregnancy under Clause (b) of sub- section (2) of Section 3 of the Act. This category of women includes survivors of sexual assault or rape, or incest, as also minors. In the case at hand, the victim is a rape survivor and a minor. Hence, taking a cue from the above provisions, I lean in favour of the victim while being conscious of the rights of the unborn baby. It is pertinent to note that a woman's right to make reproductive choices is recognised as part of her personal liberty under Article 21, subject of course to reasonable restrictions. The Division Bench has considered these aspects in ABC v. Union of India (2020 (4)) KLT 2791] while granting permission for medical termination to a minor girl whose pregnancy had progressed to a 24th week.

                  In Xxxx v. Union of India [2024 (7) KHC 367], this Court held as follows:-

                  “ ………..in the case of a minor, who is a victim of rape, the mental trauma suffered by her cannot be an irrelevant consideration also in view of the decision of the Hon'ble Supreme Court in the case of XYZ v. State of Gujarat (2023 KHC 7282), A (Mother of X) v. State of Maharashtra (AIR 2024 SC 2499), and the decision of the Bombay High Court in the case of X v. State of Maharashtra (2020 SCC OnLine Bom. 677) and X v. State of Maharashtra (WP ASDB – LD - VC - 109 of 2020 dated 3 July 2020 (2020 KHC 7071)).

                  In A (Mother of X) v. State of Maharashtra [2024 KHC OnLine 6258], the apex court held that the Medical Board and High Court cannot refuse abortion merely on the ground that gestational age of the pregnancy is above the statutory prescription. In X v.Union of India and others [(2020) 19 SCC 806] wherein also, the apex court permitted the termination of the pregnancy, considering that the victim girl was aged only 13 years. The apex court considered the trauma the girl had suffered because of the sexual abuse and the agony she was going through and the Medical Board’s report.

6. In the case on hand, as per the report of the Medical Board, the gestational age of the foetus is 28 weeks and each day's delay will add to the victim’s agony. After an elaborate consideration of the facts, the materials on record and the well-settled principles of law on the subject, especially considering the physical difficulties, mental agony and recommendations of the Medical Board, I am of the opinion that MTP can be done in accordance with the provisions of the Act and Rules and as decided by the Medical Board. However, when termination of pregnancy is done, since the tissue and blood samples of the foetus is necessary for medical tests including fingerprinting mapping, the hospital shall preserve the blood samples of the foetus and tissues to carry out tests including DNA test as ordered.

                  In the aforementioned circumstances, the writ petition is disposed of with the following directions:

                  1. The petitioner is permitted to undergo MTP as opined by the Medical Board, in accordance with the Act and Rules.

                  2. The  sixth  respondent  shall  take  immediate measures for constituting a Medical Team to conduct the termination of the victim girl’s pregnancy, on production of a copy of this judgment.

                  3. The Medical Team shall, in their discretion and best judgment, adopt the best procedure recommended in the medical science to terminate the pregnancy and save the life of the victim girl.

                  4. The petitioner shall file an undertaking authorising the sixth respondent to terminate the pregnancy at her risk and costs.

                  5. Since an FIR has been filed, the tissues and blood samples of the fetus must be preserved for necessary medical tests, including DNA fingerprinting mapping. The hospital shall preserve the blood samples of the foetus and tissues to carry out the necessary medical tests, including DNA and other tests as ordered.

                  6. In case after the procedure, the baby is born alive, the  hospital  shall  render  all  the necessary assistance, including incubation and treatment, to ensure that the foetus survives. The baby shall be offered the best medical treatment, and if the petitioner is not willing to take responsibility for the baby, the government or its agencies shall take full responsibility and bear the expenses for the baby.

                  7. The victim minor girl shall appear before the 6th respondent on 19.12.2025.