The Allahabad High Court delivered a critical judgment affirming the right of a minor rape victim to terminate a 22-week pregnancy under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971. The Court directed the State to constitute a medical board, bear all expenses, and ensure immediate termination, balancing statutory provisions with the victim's mental and physical well-being.
Background & Facts
The Dispute
The petitioners, a minor rape victim (petitioner no. 1) and her father (petitioner no. 2), filed a writ petition seeking termination of the minor's 22-week pregnancy. The pregnancy resulted from rape, as recorded in FIR No. 0305/2025 registered at Police Station Bighapur, Unnao. The petitioners invoked Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act, 1971, which permits termination of pregnancy up to 24 weeks in cases involving minors or rape victims, subject to medical board evaluation.
Key Facts
- The minor was allegedly raped, leading to pregnancy, as per the FIR lodged on 18.04.2026
- A medico-legal report dated 18.04.2026 indicated the uterus size as 16 weeks, though the current gestation period was later confirmed as 22 weeks and 3 days
- The minor, being a minor, required guardian consent for termination, which was provided by her father
- The petitioners sought directions for the constitution of a medical board to evaluate the minor's physical and mental health, and for the State to bear all medical expenses
Procedural History
- 22.06.2026: Writ petition filed before the Allahabad High Court, Lucknow Bench
- 22.06.2026: Court passed interim orders directing the Vice Chancellor, KGMU Lucknow, to constitute a medical board for evaluation
- 26.06.2026: Minor directed to appear before the Registrar, KGMU Lucknow, for medical examination
- 25.06.2026: Medical board submitted its report, recommending termination of pregnancy
- 27.06.2026: Medical report forwarded to the Court
- 29.06.2026: Final judgment delivered, allowing the petition
Relief Sought
The petitioners sought:
- Termination of the minor's 22-week pregnancy under Section 3(2)(b) MTP Act
- Constitution of a medical board of expert practitioners to evaluate the minor's physical and mental health
- Direction to the State to bear all hospital and medical expenses
- Immediate termination of pregnancy at a State-recognized medical facility
The Legal Issue
The central question was whether Section 3(2)(b) of the MTP Act permits termination of a 22-week pregnancy for a minor rape victim, and if so, what procedural safeguards and State obligations arise in ensuring compliance with the statutory framework.
Arguments Presented
For the Petitioner
- Relied on Section 3(2)(b) MTP Act, which permits termination of pregnancy up to 24 weeks for minors or rape victims
- Argued that the minor's physical and mental health necessitated termination, given the trauma of rape and social stigma
- Contended that the State is obligated to bear medical expenses and ensure timely medical intervention under Rule 3A of the MTP Rules, 2003
- Highlighted the urgency of the matter, given the statutory deadline of 24 weeks
For the Respondent/State
- The State, represented by the learned Additional Government Advocate (AGA), did not oppose the petition but emphasized compliance with Section 3(4)(a) MTP Act, which requires guardian consent for minors
- Submitted that termination could proceed subject to the medical board's report on the minor's health and the feasibility of termination
- Ensured cooperation in constituting the medical board and facilitating the procedure
The Court's Analysis
The Court meticulously examined the statutory framework under the MTP Act, 1971, particularly Section 3(2)(b), which permits termination of pregnancy up to 24 weeks in cases involving minors or rape victims. The Court noted that the minor's pregnancy fell within the statutory period, and the medical board's report confirmed that termination was medically feasible and necessary for her well-being.
"The Medical Termination of Pregnancy Act, 1971 particularly Section 3(4)(a) indicates that no pregnancy of a woman, who has not attained the age of 18 years, or, having attained the age of 18 years, is a [mentally ill person], shall be terminated except with the consent in writing of her guardian."
The Court observed that the minor's father had provided the requisite consent, satisfying the procedural requirement under Section 3(4)(a). Furthermore, the medical board's report, which recommended termination while acknowledging potential risks, was deemed sufficient to proceed under Section 3(2)(b).
The Court also emphasized the State's obligation to ensure the minor's access to medical care, directing the Superintendent of Police, Unnao, and the Head of the Department of Obstetrics and Gynecology, KGMU, to facilitate the procedure. The direction to send the fetus's DNA sample to the Forensic Science Laboratory underscored the Court's commitment to preserving evidence for the ongoing criminal investigation.
The Verdict
The Allahabad High Court allowed the writ petition, directing:
- Immediate termination of the minor's 22-week pregnancy at Queen Mary Hospital, KGMU Lucknow, on 02.07.2026
- The Head of the Department of Obstetrics and Gynecology to ensure the procedure is conducted at the earliest
- The Superintendent of Police, Unnao, to ensure the minor's admission and the presence of her father for formalities
- The State Government to bear all medical and hospital expenses
- The DNA sample of the fetus to be sent to the Forensic Science Laboratory for analysis
- Compliance with all directions within the stipulated timeline
What This Means For Similar Cases
Medical Boards Are Mandatory for Statutory Compliance
- Section 3(2)(b) MTP Act requires a medical board to evaluate the physical and mental health of minors or rape victims before permitting termination beyond 20 weeks
- Courts will rely on medical board reports to determine feasibility and risks, ensuring that termination is not arbitrary but grounded in expert opinion
- Practitioners must ensure that medical boards are constituted promptly to avoid exceeding the 24-week statutory limit
State Liability for Medical Expenses Is Non-Negotiable
- The judgment reaffirms that the State is obligated to bear all expenses related to termination of pregnancy for minors or rape victims
- This includes hospital charges, medical procedures, and transportation costs, as directed by the Court
- Failure to comply with this direction may result in contempt proceedings or adverse judicial orders
Guardian Consent Is a Procedural Safeguard
- Section 3(4)(a) MTP Act mandates guardian consent for minors, which must be obtained in writing
- Courts will verify this consent as a prerequisite for allowing termination, ensuring that minors are not subjected to coercive or unauthorized procedures
- Legal practitioners must ensure that guardian consent is explicitly recorded in petitions to avoid procedural dismissals
Preservation of Evidence in Rape Cases
- The Court's direction to send the fetus's DNA sample to the Forensic Science Laboratory highlights the intersection of medical termination and criminal investigation
- This ensures that evidence is preserved for prosecuting the accused, aligning medical intervention with justice delivery
- Practitioners should emphasize this dual objective in petitions involving rape victims to secure comprehensive judicial relief
