Madhya Pradesh High Court
Prosecutrix X vs The State Of Madhya Pradesh on 5 June, 2025
1 WP-19651-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 19651 of 2025
(PROSECUTRIX X Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 05-06-2025
None for the petitioner.
Shri Anshuman Swami - Govt. Advocate for the respondent/State.
This petition is registered as Suo-moto writ petition as per the direction of this Court passed in W.P. No.5184/2025 - In Reference (Suo-moto) vs. State of M.P. and others on 20.02.2025.
The Division Bench of this Court while dealing with the conflicting views of coordinate Single Benches of this Court has issued certain guidelines to deal with the matter in regard to medical termination of pregnancy of minor girl having pregnancy of more than 24 weeks.
The relevant extract of the guidelines issued is quoted herein as under
:-
"11. In view of aforementioned legal provisions, this Court is of the considered opinion that in case of survivors of sexual assault or rape or incest, the pregnancy upto 20 weeks may be terminated by a registered medical practitioner and where the pregnancy exceeds 20 weeks but does not exceed 24 weeks, by two registered medical practitioners in accordance with the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 and rules framed thereunder without taking resort to judicial proceedings before the High Court under Article 226 of the Constitution of India. It is also relevant to mention herein that Rule 6(3)of the Protection of Children from Sexual Offences Rules, 2020 also enjoins upon the medical practitioner, hospital or other medical facility center rendering emergency medical care to a child not to Signature Not Verified Signed by: HEMANT SARAF Signing time: 6/5/2025 5:58:10 PM
2 WP-19651-2025 demand any legal or magisterial requisition or other documentation as a pre-requisite to rendering such care. 1 2 . This Court is of the considered opinion that in case of survivors of sexual assault or rape or incest, where the pregnancy exceeds 24 weeks, permission from the High Court is required and termination of such pregnancy is not permissible under Medical Termination of Pregnancy Act, 1971. In such cases, High Court may exercise its jurisdiction under Article 226 of the Constitution of India for passing orders for termination of pregnancy.
13. Taking note of the orders passed by the Indore Bench and the Principal Seat, Jabalpur in the aforesaid petitions, we are inclined to laydown the following procedures covering both the situations viz. when the pregnancy is upto 24 weeks and where the pregnancy is more than 24weeks in order to streamline the procedure to ensure timely legal and medical help to such victims.
"
The present case falls under the category of para 13(b) of SOPs to be followed, which is reproduced herein below :-
"13. (a) xxx xxx xxx
(b) SOPs to be followed in case where the age of foetus/pregnancy of survivor of sexual assault or rape or incest is exceeding 24 Weeks:-
Whenever a case of rape is registered at any police station, the following procedure shall be adopted :-
(i) The SHO of the said police station, on the basis of the MLC of the victim indicating that she is pregnant and the pregnancy is more than 24 weeks, shall forthwith forward the victim to the concerned District Court, preferably Special Judge/POCSO;
(ii) The learned Judge of the District Court, preferably Special Judge/POCSO, regardless of any application for termination of pregnancy, though not maintainable, filed before it or not, shall Signature Not Verified Signed by: HEMANT SARAF Signing time: 6/5/2025 5:58:10 PM 3 WP-19651-2025 refer the victim to the concerned medical officer/Board to expeditiously submit its report, if the pregnancy of the victim can be terminated;
(iii) The District Court, preferably Special Judge/POCSO, after obtaining the said medical report, under intimation to the victim and her parents, directly refer such case and report to the nearest Registry of the High Court;
(iv) The Registry of High Court, in turn, shall register such reference as a Writ Petition under Article 226 of the Constitution, Suo Motu, and list the matter immediately before the concerned Bench having the roster, so that appropriate orders regarding termination of pregnancy can be passed by the High Court without any undue delay;
(v) If directed by the High Court that termination of pregnancy is required then, the procedure of termination of pregnancy will be carried out in the presence of the expert team of doctors. The expert doctors will explain to the family members as well as the petitioner the risk of getting the termination of her pregnancy and also other factors;
(vi) Every care and caution will be taken by the doctors while terminating the pregnancy. All medical attention and other medical facilities including that of a presence of a Pediatrician as well as a Radiologist and other required doctors will be made available to the victim;
(vii) The post operative care, upto the extent required, will be extended to the victim;
(viii) The doctors will ensure that a sample from the fetus is protected for DNA examination and will be handed over to the prosecution for using in the criminal case."
This Court dealing with the issue holds that in the matter of pregnancy of more than 24 months, the SHO of the said Police Station is required to forthwith forward the victim to the concerned District Court, preferably Signature Not Verified Signed by: HEMANT SARAF Signing time: 6/5/2025 5:58:10 PM 4 WP-19651-2025 Special Judge/POCSO. The District Court preferably Special Judge/POCSO, regardless of any application for termination of pregnancy shall refer the victim to the concerning Medical Officer/Board expeditiously to submit its report and thereafter, the District Court, preferably Special Judge/POCSO receiving the said report, under the intimation to the victim and her parents, directly refer such case and report to the nearest Registry of the High Court.
In the present case, s uch information has been received by the Registry vide letter dated 26.05.2025 and as such the present petition has been registered under suo-moto jurisdiction of this Court.
From the letter sent by the Principal District and Sessions Judge, Balaghat along with the report of Civil Surgeon dated 26.05.2025, it is not clear and apparent that when the matter was reported to the concerning Police Station with regard to the sexual offence to the minor girl and whether the SOP/Guidelines issued by this Hon'ble Court in W.P. No.5184/2025 - In Reference (Suo-moto) vs. State of M.P. and others, has been adhered to and followed in its true spirit, as pregnancy in the matter is reported to be of seven and half months.
Therefore, it is expedient that a report be called from the State with all necessary details and case diary that under what circumstances the minor girl has been subjected to such delay in termination of pregnancy of seven and half months, as reported by the Board vide letter dated 26.05.2025 submitted by the District and Sessions Judge, Balaghat along with its letter.
Let such report be filed immediately on or before the next date of hearing to issue appropriate directions for termination of pregnancy of minor girl as well as for action against those who have caused lapse and lethargy in Signature Not Verified Signed by: HEMANT SARAF Signing time: 6/5/2025 5:58:10 PM 5 WP-19651-2025 the matter.
List on 09.06.2025.
A copy of the order be supplied to the Office of the Advocate General free of cost for necessary intimation and compliance.
(DEEPAK KHOT) V. JUDGE HS Signature Not Verified Signed by: HEMANT SARAF Signing time: 6/5/2025 5:58:10 PM