(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue writ in the Nature of Mandamus permitting the petitioner to terminate ongoing pregnancy of her minor daughter through Respondent No.2 or by a registered medical practitioner Any Approved Private Or Government Center or Hospital in the interest of justice and equity & etc.)

Oral Order

1. Heard the learned counsel for the petitioner and the learned AGA for the respondents.

2. The prayer sought in the writ petition is to issue writ in the nature of mandamus permitting the petitioner to terminate the ongoing pregnancy of her daughter through respondent No.2 or by a registered medical practitioner any approved private or government center or hospital, as deems fit in the circumstances of the case.

3. The petitioner's daughter aged about 18 years was taken to the hospital complaining about an irregular menstrual cycle. The petitioner came to know that the victim is pregnant with 26 weeks 1 day gestation. The petitioner's daughter is a victim of sexual abuse which constitutes a grave felony. The pregnancy is the direct result of such violation of her fundamental rights. Continuation of said pregnancy would further infringe upon the fundamental rights of the victim. Therefore, it is just, necessary, and in the interest of justice that the pregnancy be terminated. Although the pregnancy has advanced beyond 25 weeks, it is appropriate to direct the medical officers to undertake termination of pregnancy. The petitioner has filed a complaint before the Gokak Rural Police Station in Gokak Rural P.S. Crime No.267/2025 against the accused for the offences punishable under Sections 64(2)(m) & 351(2) of BNS 2023 and under Sections 4 & 6 of the POCSO Act, 2012.

4. Learned counsel for the petitioner contends that the victim is entitled for termination of pregnancy. He submits that continuation of such unwanted pregnancy would violate the fundamental right of the victim. He also contends that the pregnancy being more than 25 weeks, it is just and necessary to terminate the pregnancy.

5. In support of his contention, learned counsel relied on the judgment of the Co-ordinate Bench of this Court in the case of Renuka v.The State of Karnataka by order dated 30.09.2024 passed in WP No.105785/2024(GM-RES).

6. The learned counsel, in support of his arguments, placed reliance on the order passed by the Co-ordinate Bench of this Court in the case of Renuka (supra), wherein, under similar facts and circumstances, and pursuant to the submission of the learned AGA that necessary steps would be taken to constitute a committee to examine the petitioner's daughter, an order was passed after considering the medical report. In the said case, the victim was aged 18 years and was pregnant with a gestational age of 26 weeks and 1 day. Taking note of the aforesaid order passed by the Co-ordinate Bench of this Court in W.P. No. 105785/2024, disposed of on 30.09.2024, the petition was allowed and appropriate directions were issued.

7. Having taken the aforementioned facts into consideration, and also having noted the order passed by the Co- ordinate Bench of this Court in the above-mentioned writ petition, it is appropriate to allow the present petition and issue directions to the respondents. In doing so, due regard is being given to the interests of the victim, who is approximately 18 years of age, as well as to her health. Considering all these factors, this Court proceeds to pass the following directions:

ORDER

          i. The Writ Petition is allowed and disposed off in terms of the opinion of the committee referred to supra as per Annexure-D.

          ii. The respondents are directed to constitute a Committee forthwith and take decision since the victim is pregnant with 26 weeks and 1 day of gestation.

          iii. Respondent No.2 is directed to forthwith ensure medical termination of pregnancy of petitioner daughter (victim girl) in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971.

          iv. It is further directed that upon termination of the pregnancy the respondent No.2 shall ensure that the foetus/abortus is preserved for DNA test if terminated.

          v. The learned counsel for the petitioner is directed to furnish the copy of this order to the respondents forthwith.