Court says constitutional courts can permit abortion beyond the MTP Act’s 24-week limit, prioritising dignity, bodily integrity and reproductive autonomy
The Delhi High Court has permitted the medical termination of a 31-week pregnancy of a 16-year-old rape survivor, holding that constitutional courts are not bound by the statutory gestational ceiling under the Medical Termination of Pregnancy Act, 1971, when the welfare and autonomy of the pregnant woman demand relief.
Justice Mini Pushkarna passed the order on 15 October 2026 in a petition filed by the minor through her mother under Articles 21 and 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner had sought urgent permission to terminate the pregnancy, arguing that continuation of the pregnancy would cause grave mental injury and trauma, especially given her age and the fact that she was a rape survivor.
During the hearing, the State placed before the court a report of the Medical Board at Lady Hardinge Medical College and Hospital, New Delhi. The Board stated that the minor was physically fit to undergo the termination procedure, though it also noted that the baby was likely to be born alive. The court recorded that the minor’s mother, present in court, clearly expressed the family’s wish to proceed with termination.
Relying on recent Supreme Court and Delhi High Court rulings, the court said that in cases of unwanted pregnancies, especially involving minors and rape survivors, the focus must remain on the welfare, dignity, bodily integrity and reproductive autonomy of the pregnant person rather than on statutory limitations alone. The court cited the Supreme Court’s 2026 ruling in S v. Union of India, which held that reproductive choice is an integral part of personal liberty and privacy under Article 21, and that no woman, much less a minor rape survivor, should be compelled to carry an unwanted pregnancy to term merely because the statutory limit has been crossed.
The High Court observed that the absence of foetal abnormality, the advanced stage of pregnancy, or the likelihood of the child being born alive cannot by themselves be reasons to deny relief. It emphasised that denying termination in such cases could inflict grave mental, emotional and physical trauma and may even push vulnerable women towards unsafe and illegal abortion procedures.
Allowing the petition, the court directed that the termination be carried out by a competent medical team in accordance with the MTP Act and relevant rules. It also ordered maintenance of complete medical records and preservation of foetal tissue for DNA testing in the pending criminal case.
The court further directed the State to bear all expenses related to the termination, hospitalisation and post-operative care. In the event the child is born alive, the hospital and State authorities were ordered to provide medical support, keep the child in an incubator if necessary, and inform the Child Welfare Committee. The court added that, if the minor and her family so desire, the child may be given in adoption in accordance with law.
To protect the survivor’s privacy, the court ordered strict confidentiality of her identity and barred disclosure of any identifying details, including name, address, photographs and medical records, except as required by law.
In an additional direction, the court said that compensation payable to the minor under the Delhi Victim Compensation Scheme, 2018, should be kept in a Fixed Deposit Receipt and released to her upon attaining majority.
The ruling reinforces the growing judicial view that constitutional remedies remain available even where statutory remedies under the MTP Act are exhausted, particularly in cases involving minor rape survivors and unwanted pregnancies.
Bottom Line:
Medical Termination of Pregnancy - Minor rape survivor - Termination of pregnancy beyond statutory limit of 24 weeks - Constitutional Courts can permit termination under Article 226 by prioritising welfare, dignity, bodily integrity and reproductive autonomy of pregnant woman - Mere advanced gestational age or likelihood of child being born alive not by itself ground to refuse relief - Termination at about 31 weeks permitted with safeguards.
Statutory provision(s): Articles 21, 226 of the Constitution of India, 1950, Medical Termination of Pregnancy Act, 1971, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Delhi Victim Compensation Scheme, 2018
Minor P Thr Her Mother A v. State, (Delhi) : Law Finder Doc id # 2997678
