(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue writ of mandamus or any other appropriate writ, order or direction directing Respondent No.2 Hospital to Medically Examine, Evaluate and take necessary steps for termination of the pregnancy of the minor petitioner in accordance with law and etc.)

Oral Order

1. The petitioner is before this Court, seeking for the following reliefs:

          A. Issue Writ of Mandamus or any other appropriate Writ. Order or Direction directing Respondent No.2 Hospital to medically examine, evaluate and Petitioner in accordance with law: take necessary steps for termination of the pregnancy of the minor petitioner in accordance with law.

          B. Issue Writ, Order or Direction directing Respondent No.2 Hospital to preserve the terminated fetus/product of conception for the purpose of DNA examination and analysis, in accordance with the requirements of investigation in Crime No.250/2026 registered before Annapoorneshwari Nagar Police Station:

          C. Issue an appropriate Writ. Order or Direction directing the concerned Respondents to ensure that necessary medical care, counselling and post- procedure assistance are provided to the minor Petitioner;

          D. Issue an appropriate Writ, Order or Direction directing Respondent No.4, Karnataka State Legal Services Authority, to release a sum Rs.3,00,000/- (Rupees Three Lakhs Only) and/or such further amount as may be deemed appropriate towards compensation and medical care of the minor Petitioner under the applicable victim compensation scheme;

          E. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

2. The petitioner is a minor, aged about 14 years and is represented by mother and natural guardian seeking for permission from this court for medical termination of her pregnancy which arose on account of a sexual offence committed on her.

3. The submission made by learned counsel for the petitioner is that the minor, victim of the sexual assault does not intend to continue with the pregnancy resulting out of a sexual offence. His further submission is that the minor intends to exercise her right to body anatomy and terminate the pregnancy which she cannot do without the specific orders of this court since the pregnancy is 28 weeks. It is in that background that the petitioner was referred to the Medical Board constituted at respondent No.2-hospital.

4. A report of the Medical Board dated 04.08.2026 addressed to the Registrar (Judicial) has been placed on record. A perusal of the said report indicates that the Pediatrician has opined that medical termination of pregnancy can be carried out. However, there is a caution expressed that there may be a delivery due to fetal viability, in which case the admission of baby to the NICU may be required. The Radiologist has opined that the pregnancy would affect the mental health of the minor and would cause psychological stress apart from financial burden and in terms of the scan done, a medical termination of pregnancy could be carried out. The Anesthetist has opined, on an evaluation, that the minor is fit for the proposed procedure. The Obstetrician has indicated that the minor is not mentally fit and is not willing to continue the pregnancy. The final opinion of the Board is that the termination of pregnancy can be considered in view of the minor being 14 year old survival of sexual assault and she not being mentally fit to carry on a pregnancy and care for a newborn child.

5. The report of the Medical Board being categorical to that effect, taking into consideration that the minor is a victim of sexual assault and she does not wish to continue with the pregnancy by exercising her right to body anatomy, this Court passes the following:

ORDER

          i. The writ petition is allowed.

          ii. Respondent No.2 is directed to carry out the procedure for medical termination of pregnancy on 05.08.2026.

          iii. Respondent No. 2 is directed to preserve the terminated fetus for the purpose of DNA examination and analysis in accordance with the requirement of investigation in Crime No.250/2026, registered by the Annapurneshwari Nagar Police Station.

          iv. The respondents are directed to comply with the directions issued by this Court in Writ Petition No.30971 OF 2025 (GM-RES).

          v. The Karnataka State Legal Service Authority is directed to consider the application of the petitioner for release of victim compensation as may be permissible at the earliest.

          vi. A report of respondent No.2, on completion of the procedure to be filed within a period of 15 days from the date of completion of the procedure.

          vii. A report of respondent No.1 to be filed within three months from the date of completion of the procedure, as regard to compliance with the SOP and the action taken for the well being of the minor.