Authority: Madras High Court, Bench of Hon'ble Ms. Justice P.T. Asha

Order Date: 04-11-2026

Case Overview

  • Petition No.: WP No. 45532 of 2026 (also WMP No. 51109 of 2026)
  • Petitioner: Ms. Xxx Xxx, represented by Mr. Harinarayanan K (mother of the minor)
  • Respondents: 1) Inspector of Police AWPS‑Polur, Tiruvannamalai; 2) Dean, Department of Obstetrics and Gynaecology, Government Tiruvannamalai Medical College and Hospital; 3) State represented by Secretary, Health Department, Secretariat, Fort St. George, Chennai
  • Background: The petitioner’s daughter, identified as D, born 23‑08‑2009 (aged 17), became pregnant after a romantic relationship lasting about 1.5 years. The pregnancy was confirmed on 26‑10‑2026 at a private hospital and reconfirmed at the Government Tiruvannamalai Medical College Hospital. D was produced before the District Child Welfare Committee on 28‑10‑2026 and placed in a reception home until 31‑10‑2026.
  • Criminal Proceedings: Police registered Crime No. 68 of 2026 under Section 64(2)(m) of the Bharatiya Nyaya Sanhita and Sections 5(1) & 5(j)(ii) read with Section 6(1) of the POCSO Act.
  • Medical Details: D was admitted to the Government Hospital on 31‑10‑2026 and remained an inpatient. An expert ultrasound on 03‑11‑2026 estimated gestational age at approximately 28 weeks. Both D and her mother, as natural guardian, consented to termination.
  • Legal Grounds Cited: Section 5(1) of the Medical Termination of Pregnancy Act, 1971; Article 21 of the Constitution; precedents from X v. State (Crl.O.P. No. 14506 of 2019, W.P. No. 18043 of 2022); Supreme Court judgment S v. Union of India (SLP (C) No. 14454 of 2026); Supreme Court decision in A Vs. State of Maharashtra (Civil Appeal No. 827 of 2026); and X Vs. Health and Family Welfare Department (2022 SCC Online SC 1321) emphasizing reproductive and bodily autonomy.
  • Medical Board Opinion: The board, in its report dated 03‑11‑2026, concluded that the minor faces risks both from continuation and termination, but given the pregnancy resulted from sexual assault, termination is in the best interest of all parties.

Final Outcome

  • The writ petition is allowed. The second respondent (Dean, Department of Obstetrics and Gynaecology, Government Tiruvannamalai Medical College Hospital) is directed to facilitate the medical termination of the petitioner’s daughter’s pregnancy forthwith, in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971.
  • No costs are awarded. The connected miscellaneous petition is closed.

Topics: Reproductive Rights, Medical Termination, Child Welfare