Court exercises extraordinary constitutional jurisdiction, prioritizing minor's bodily autonomy and dignity over statutory gestational limits under Medical Termination of Pregnancy Act
In a landmark judgment delivered on September 8, 2026, the Delhi High Court, presided over by Justice Madhu Jain, allowed the medical termination of pregnancy for a 15-year-old minor rape survivor who was approximately 30 weeks and 5 days pregnant. This decision marks a significant exercise of the Court's extraordinary jurisdiction under Article 226 of the Constitution of India, permitting termination well beyond the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act, 1971, as amended in 2021.
The petitioner, a minor girl, was raped in the winter of 2025-2026 in Uttarakhand, resulting in her pregnancy. She approached the Court through her guardian seeking termination, highlighting the grave physical and psychological trauma she would endure if compelled to continue the pregnancy. The Medical Board at Lady Hardinge Medical College confirmed the advanced gestational age of over 30 weeks, exceeding the 24-week limit for termination under the MTP Act even for survivors of sexual assault and minors.
The Court acknowledged the statutory framework, which permits termination up to 24 weeks for specific categories, including rape survivors and minors. However, the Court emphasized that statutory limitations cannot bar constitutional remedies in exceptional cases. The judgment extensively referenced precedents, including the Supreme Court's ruling in S v. Union of India (2026), which affirmed reproductive rights as fundamental under Article 21, encompassing dignity, bodily autonomy, and reproductive choice.
Justice Madhu Jain underscored that compelling a rape survivor, especially a minor, to carry the pregnancy to term would inflict further trauma and violate her fundamental rights. The Court directed Lady Hardinge Medical College to proceed with the termination subject to medical feasibility and safeguards, ensuring all expenses are borne by the State, and preserving the petitioner's anonymity and dignity. The judgment also mandated preservation of tissue for DNA evidence in connection with the criminal case.
The Court poignantly observed the petitioner's tragic circumstances, including the loss of both parents, and called for providing her with utmost care and support to reclaim her dignity and childhood. This ruling reinforces the judiciary's role in upholding reproductive rights and protecting vulnerable survivors, even when statutory provisions present limitations.
Bottom Line:
Medical Termination of Pregnancy Act, 1971 - Termination beyond statutory limit of 24 weeks allowed under extraordinary jurisdiction by High Court in exceptional circumstances involving minor rape survivor.
Statutory provision(s):
Medical Termination of Pregnancy Act, 1971 Section 3, Medical Termination of Pregnancy (Amendment) Act, 2021, Medical Termination of Pregnancy Rules, 2003 Rule 3B, Bharatiya Nyaya Sanhita, 2023 Section 64(1)/137(2), Protection of Children from Sexual Offences Act, 2012 Section 6, Constitution of India Articles 21 and 226
Minor S Thr Her Guardian B v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2978992
