Section 3 & 5 MTP Act | Medical Board Mandate & DNA Preservation for Minor Rape Victim’s Termination : Rajasthan HC

The Rajasthan High Court has issued critical directions in a sensitive case involving the medical termination of pregnancy of a minor rape victim. The judgment underscores the right to safe medical termination, the duty to preserve forensic evidence, and the procedural safeguards required when dealing with vulnerable victims under criminal investigation.

Background & Facts

The Dispute

The petitioners, comprising a family from Jaipur and Didwana Kuchaman, approached the High Court seeking urgent intervention for the medical termination of pregnancy of petitioner No. 4, Akshara Bano, a 15-year-old minor. The pregnancy was alleged to be a result of rape, necessitating both medical and forensic intervention. The petitioners sought:

• Constitution of a medical board to assess the safety of pregnancy termination
• Preservation of fetal DNA for forensic purposes related to the rape investigation
• Timely medical procedure to terminate the pregnancy if deemed safe

Key Facts

• Petitioner No. 4, Akshara Bano, is a 15-year-old minor (DOB: 10.08.2010)
• The pregnancy was allegedly a result of rape, requiring criminal investigation
• The petitioners reside at 77, Nayak Bas, Nahri Ka Naka, Shastri Nagar, Jaipur
• The respondents include State of Rajasthan, Medical and Health Department, Police authorities, and District Hospital officials
• The writ petition was filed on 28.03.2026 seeking urgent relief

Procedural History

• 28.03.2026: Writ Petition (CW No. 6423/2026) filed before the Rajasthan High Court, Jodhpur Bench
• 28.03.2026: The High Court heard the matter and issued interim directions

Relief Sought

The petitioners prayed for the following reliefs:

1. Allowance of the writ petition with costs
2. Direction to respondents to constitute a medical board to examine the petitioner’s daughter and assist in termination of pregnancy
3. Direction to preserve the DNA of the fetus for forensic purposes related to the rape investigation
4. Any other appropriate writ, order, or direction deemed fit by the Court

The Legal Issue

The primary legal questions before the Court were:

1. Whether the State has a duty to constitute a medical board to assess the safety of medical termination of pregnancy for a minor rape victim?
2. Whether forensic evidence, including fetal DNA, must be preserved for criminal investigation purposes in such cases?
3. What procedural safeguards must be followed to balance the medical rights of the victim and the investigative needs of the State?

Arguments Presented

For the Petitioners

• Contended that the minor victim’s health and safety were at risk due to the pregnancy
• Argued that delay in medical intervention could lead to severe physical and psychological harm
• Emphasized the need for forensic evidence preservation to aid the criminal investigation into the alleged rape
• Relied on medical ethics and human rights principles to underscore the urgency of the matter

For the Respondents

• The State, represented by the Advocate General, did not oppose the petition but sought clarity on procedural compliance
• Highlighted the need for medical opinion before proceeding with termination
• Stressed the importance of preserving forensic evidence for the criminal case

The Court's Analysis

The Court recognized the urgency and sensitivity of the matter, involving a minor rape victim seeking medical termination of pregnancy. The judgment emphasized the following principles:

1. Right to Safe Medical Termination: The Court held that the State has a duty to ensure safe medical procedures for victims, especially minors, under such circumstances. The constitution of a medical board was deemed essential to assess the gestational age of the fetus and the safety of termination.

2. Preservation of Forensic Evidence: The Court underscored the importance of preserving DNA evidence for criminal investigation purposes. It directed that the DNA of the fetus be sent to the Forensic Science Laboratory (FSL) and preserved for seven years, ensuring that the evidence remains available for the rape investigation.

3. Procedural Safeguards: The Court mandated that the entire procedure, including the consent of the petitioner No. 4, be conducted in the presence of the Station House Officer (SHO). This ensured transparency, accountability, and protection of the victim’s rights during the medical process.

4. Timely Compliance: The Court directed that the medical board be constituted within 48 hours and that the termination procedure, if deemed safe, be conducted without delay. This reflects the Court’s commitment to expeditious justice in cases involving vulnerable victims.

"The Medical Board so constituted shall also apprise the petitioner No. 4-'A' about the consequences of the termination of pre-mature pregnancy. In case, the Medical Board so constituted... opines that termination of the pregnancy is safe, then appropriate steps shall be taken for conducting the procedure to terminate pregnancy of petitioner No. 4-'A' without any delay."

The Verdict

The Court disposed of the writ petition with the following directions:

1. The Superintendent of Seth Shri Radhakrishan Sarda Memorial Govt. Hospital, Kuchaman City, was directed to constitute a Medical Board within 48 hours to:

   • Ascertain the gestational age of the fetus
   • Determine whether termination of pregnancy is medically safe
   • Apprise the petitioner No. 4 of the consequences of termination

2. If the Medical Board opines that termination is safe, the hospital shall conduct the procedure without delay.

3. The DNA of the fetus shall be sent to the concerned Forensic Science Laboratory (FSL) and preserved for seven years.

4. The entire procedure, including the consent of petitioner No. 4, shall be conducted in the presence of the SHO, Police Station Nawa.

5. The writ petition and stay petition were disposed of with the above directions.

What This Means For Similar Cases

Medical Boards Must Be Constituted Expeditiously

• Practitioners representing victims in similar cases must argue for the urgent constitution of medical boards where the health or safety of the victim is at stake.
• Courts are likely to favor timely medical intervention in cases involving minors or vulnerable individuals, especially where criminal offenses are alleged.

Forensic Evidence Preservation Is Non-Negotiable

• The judgment establishes that preservation of forensic evidence, including DNA, is critical in criminal investigations involving rape or sexual offenses.
• Lawyers must ensure that forensic protocols are followed and that evidence is preserved for the duration required by law.

Procedural Safeguards for Victims Are Mandatory

• The presence of law enforcement during medical procedures ensures accountability and protects the victim’s rights.

• Practitioners should advocate for such safeguards in cases where victims may be exposed to further trauma or exploitation.

• Key Takeaways for Practitioners:

  • Always seek urgent medical intervention for victims where health risks are involved
  • Preserve forensic evidence meticulously to aid criminal investigations
  • Ensure procedural safeguards are in place to protect vulnerable victims
  • Argue for expeditious compliance with court directions to avoid delays in justice