Court invokes constitutional jurisdiction under Article 226, prioritizing reproductive autonomy and best interests of a 16-year-old abandoned minor at high medical risk
In a landmark decision dated October 5, 2026, the Delhi High Court, presided by Justice Manmeet Pritam Singh Arora, allowed the medical termination of pregnancy (MTP) of a 16-year-old minor rape survivor whose pregnancy had advanced beyond the statutory gestational limit prescribed under the Medical Termination of Pregnancy Act, 1971 (MTP Act). The minor, who is mentally challenged and abandoned by her parents, was under the care of her maternal uncle and grandmother. The Court exercised its extraordinary constitutional jurisdiction under Article 226 of the Constitution of India to permit the termination, emphasizing the minor's reproductive rights, dignity, and best interests.
The minor was sexually assaulted by an accused who was a visitor at her maternal uncle's house between May and June 2026. Upon experiencing symptoms indicative of pregnancy, she was taken to Rao Tula Ram Memorial Hospital, where the pregnancy was confirmed at approximately 25 weeks gestation. A FIR was registered under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012.
Given that the pregnancy had crossed the 24-week statutory limit for termination under the MTP Act, the matter was brought before the High Court by her maternal uncle. The minor's mental challenges rendered her unable to understand the assault or pregnancy. A Medical Board constituted by LNJP Hospital assessed the minor's condition and opined that continuation of pregnancy posed a higher risk to her life compared to termination, although both options carried substantial risks. The minor's guardians consented to the termination after being fully apprised of these risks.
The Court noted that while the MTP Act permits termination up to 20 weeks (and up to 24 weeks for certain categories including rape survivors), no statutory exception applied beyond that gestational limit. However, citing recent Supreme Court precedents-including A (Mother of X) v. State of Maharashtra (2024) and S. v. Union of India (2026)-the Court held that constitutional remedies under Articles 21 and 226 can be invoked in exceptional cases beyond the statutory gestational limit. The Court underscored that the right to life and personal liberty includes the rights to dignity, bodily integrity, decisional autonomy, and reproductive choice, which are especially significant for a minor survivor of sexual assault.
In its order, the Court directed LNJP Hospital to proceed with the termination immediately under stringent medical supervision, ensuring all legal and procedural safeguards were followed. The hospital was also directed to maintain complete medical records, preserve fetal tissue for DNA identification related to the FIR, and provide comprehensive post-procedure physical and psychological care. The State was ordered to bear all medical expenses, and strict confidentiality of the minor's identity was mandated.
This judgment reaffirms the judiciary's commitment to uphold reproductive autonomy and protect vulnerable survivors of sexual assault, particularly minors with special needs, even where statutory frameworks may be silent or restrictive. It sends a strong message emphasizing that no woman, especially a minor, should be compelled to carry a pregnancy to term against her will merely due to gestational limits prescribed by law.
Bottom Line:
Medical termination of pregnancy beyond statutory gestational limit - Minor rape survivor, mentally challenged and abandoned by parents - High Court in exercise of Article 226 jurisdiction permitted termination at about 26 weeks on Medical Board opinion that continuation of pregnancy posed higher risk to life of minor survivor - Reproductive autonomy, dignity, bodily integrity and best interests of minor must prevail notwithstanding absence of statutory remedy under MTP Act.
Statutory provision(s):
Article 21, Article 226 of the Constitution of India, Section 3(2), Section 3(2B) of the Medical Termination of Pregnancy Act, 1971, Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 64(1) of Bharatiya Nyaya Sanhita, 2023, Section 6 of Protection of Children from Sexual Offences Act, 2012
Minor P thr her guardian K v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2993415
