Authority: Madras High Court

Order Date: 07-07-2026

Case Overview

  • Petitioner: M/s. Deepika Murali, mother and natural guardian of a 14‑year‑old girl (born 27.07.2011).
  • Respondents:

1. Inspector of Police, AWPS – Washermenpet, Chennai

2. Director, Institute of Obstetrics and Gynaecology and Government Hospital for Women and Children, Egmore, Chennai

3. State Representative, Secretary, Health Department, Secretariat, Fort St. George, Chennai

  • Background: The minor was subjected to non‑consensual sexual intercourse by her uncle, accused in Crime No. 36 of 2026 dated 02.07.2026 under Sections 5(n), 5(I), 5(j)(ii), 5(i) and 6 of the POCSO Act. The assault resulted in pregnancy.
  • Pregnancy Details: Pregnancy became known on 23.06.2026 when the child was found to be carrying a fetus of approximately 27 weeks’ gestation, later assessed at about 28 weeks 1 day.
  • Medical Timeline: Accident Register entry on 23.06.2026; child admitted to the second respondent hospital on 26.06.2026; FIR registered on 02.07.2026; matter forwarded to the Child Welfare Committee on 04.07.2026. Tulir – Centre for the Prevention and Healing of Child Sexual Abuse was appointed as Support Person by suo motu order dated 04.07.2026 of the Special Court under the POCSO Act, Chennai.
  • Petitioner’s Request: A writ of mandamus directing the second respondent hospital to permit and facilitate medical termination of the pregnancy in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971, based on the opinion of a competent Medical Board.
  • Respondent’s Position: Counsel for respondents stated that a Medical Board had been constituted and evaluation was underway; termination would be permitted subject to Board clearance.
  • Precedent Cited: The Court referred to several earlier judgments allowing termination beyond 20 weeks for minors and survivors of sexual assault, including:
  • W.P. No. 22374 of 2026 (12.06.2026) – termination of a 30‑week pregnancy of a minor.
  • Crl. O.P. No. 14506 of 2019 and Crl. M.P. No. 7043 of 2019 – High Court may refer cases exceeding 20 weeks to a Permanent Medical Board.
  • W.P. No. 18043 of 2022 (15.07.2022) – termination at 28 weeks + 3 days for a minor.
  • Supreme Court judgment A vs. State of Maharashtra (2026 Livelaw SC 160) – allowed termination of a 30‑week pregnancy of a minor, emphasizing reproductive autonomy and bodily autonomy.
  • Legal Reasoning: The Court emphasized that the right to reproductive autonomy, protected under Articles 21 and 15(3) of the Constitution, permits a minor victim to terminate an unwanted pregnancy, especially when continuation would cause grave physical and mental harm.

Final Outcome

  • The Court is inclined to permit the minor (referred to as “X”) to undergo medical termination of pregnancy, subject to certification by the Medical Board at the second respondent hospital that her health permits the procedure.
  • The Medical Board must conduct the examination forthwith and submit a status report to the Court by 19.06.2026.
  • No costs are awarded to either party.
  • The writ petition is disposed of, and the connected miscellaneous petition is closed.

Topics: Medical Termination, Child Protection