Madhya Pradesh High Court
Nima Bai vs The State Of Madhya Pradesh on 29 October, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:54071
1 WP-41760-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 29th OF OCTOBER, 2025
WRIT PETITION No. 41760 of 2025
NIMA BAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Papiya Ghosh - Advocate for petitioner.
Shri A.S. Baghel - Govt. Advocate for respondents/State.
ORDER
This petition is filed seeking the following reliefs :
(i) That, by issuance of a writ of quo warranto and mandamus, direction be issued for terminate the pregnancy occurred by petitioner's daughter in the interest of justice.
(ii) Issue a writ of mandamus to direct the concerned doctor during the termination proceeding and kindly preserve the fetus of the petitioner's daughter for DNA examination.
(iii) That, any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case may also be awarded together with awarding the cost of these proceedings.
2. The facts of the case, in substance, are that the petitioner's daughter is minor aged around 15 years. It is alleged that she was sexually assaulted and raped by accused against which an FIR as Crime No. 153 of 2025 for the offences under Section 351(3) and 65(1) of the BNS and Sections 3/4 of the POCSO Act has been registered at Police Station Jeron District Niwari (M.P.). During medical examination, the victim was found to be pregnant and her gestational age is 27 weeks and 6 days as on date.
3. It is argued that the petitioner's daughter being a rape victim, is having Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071 2 WP-41760-2025 every right to get the termination of pregnancy. The opinion of the committee is produced before this Court, the relevant extracts read as follows :
पुिलस थाना जेरौन, जला िनवाड़ के अप.क. 153/25 धारा 65(1), 351(3), BNS व 3/4 पा सो ए ट म पी डता का लगभग 27 स ाह के गभ थ िशशु का गभभात (एम.ट .पी.) हे तु दये गये आवेदन आवक मांक 12073 दनांक 29/10/2025 के संबंध म पूव से ग ठत 05 सद यीय संभागीय सिमित वभागा य , सूित एवं ी रोग वभाग, वभागा य , िशशु रोग वभाग, वभागा य , रे डया डाय नोिसस वभाग, वभागा य , जनरल सजर वभाग एवं वभागा य , पैथोलॉजी वभाग को करण के िनराकरण के संबंध म िनदिशत कया गया ।
ग ठत सिमित ारा आज दनांक 29/10/2025 दन शु वार को अधी क कायालय म बैठक आहूत क गई।
ग ठत सिमित का ितवेदन िन नानुसार है -
ग ठत संभागीय सिमित ारा आज दनांक 29/10/2025 को उ मर ज के सम त द तावेज का सू म अ ययन कया गया। जसके मुख बंद ु िन नानुसार है -
1-The patient's Heamoglobin is 6.6 gm/dl dated 29- 10-2025 and serum sodium 125.20 mmol/L 2-The patient's pregnancy's Gestational age is approximately 27 weeks and 06 days duration by USG scan growth scan on 29/10/2025 and no obvious detectable congenital abnormality noted on growth scan from available windows and fetal position.
3-Till the point of examination, the patient does not have any complication associated with or caused by pregnancy. Complication in Obstetrics, whether abortion or labour are probable and unpredictable and many times unpreventable. The process of abortion is termed as mini labour and hence subject to similar complications that tend to occur later in pregnancy and delivery at term particularly in teenage pregnancy. As per reports patient has severe anaemia hence during the time of delivery she can have complication of postpartum hemorrhage and sudden cardiac failure due to cardiac overload. This can lead to morbidity and mortality of the patient.
4-The patient is not eager to continue the pregnancy. She has no symptoms of addiction, major psychiatric disorder, She however does not seem to mature enough to take care of the baby.
5-There is an extremely remote possibility that the Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071
3 WP-41760-2025 pregnancy, if terminated at present, the baby will be born alive but the chances of survival is very low as eff, fetal wt. is 979 gms +/-157 gms. If, however the baby survives then he/she can suffer some physical and mental disabilities.
Keeping in mind the above facts, Hemoglobin and serum sodium level are deranged increasing possibility of complication after MTP. For betterment of the patient as per Hon'ble Court's directions, her pregnancy can be terminated after correction of these parameters as per medical guideline and her abourtus will be preserved as per guidelines. It is however medically impossible to predict unforeseen complication and health condition of the survivor post abortion.
करण म सिमित का अिभमतः- चू ं क पुिलस थाना जेरौन, जला िनवाड के अप.क. 153/25 धारा 65(1), 351 (3). BNS व 3/4 पा सो ए ट म पी डता कु मूित रै कवार पता ी शोभाराम के गभ थ िशशु का गभभात (एम.ट .पी) करने हे तु आदे श दया गया है अतः एम.ट .पी. सिमित सवस मित से अिभयो ी का गभपात लड एवं इले ोलाइट पैरामीटर ठ क होने के उपरांत एम.ट .पी.
कराने क अनुशंसा करती है ।."
4. From a perusal of the report so submitted, it appears that the examination has been conducted by the Committee comprising of Heads of Departments of Pediatrics, Radiodiagnosis, General Surgery, Pathology and Obstetrics & Gynecology. The report indicates that the patient/victim has severe anaemia; therefore, she can have complication of postpartum hemorrhage and sudden cardiac failure due to cardiac overload. This can lead to morbidity and mortality of the patient. The report further reflects that heamoglobin and serum sodium level are deranged increasing possibility of complication after MTP. The said report as well as the statements of petitioner and her daughter indicating that they are ready for the upbringing if the fetus survives, are taken on record.
5. However, as there is a bar under the Medical Termination of Pregnancy Amendment Act, 2021. For terminating pregnancies exceeding 24 Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071 4 WP-41760-2025 weeks, it is observed that termination can be performed with all the explained risk of the anticipated and unanticipated complications in relation to termination of Rh negative teenage pregnancy (high risk), provided risk of termination is same at this gestation and full term pregnancy. The report clearly indicates that the pregnancy can be terminated subject to certain risks. The risk factors will always be explained to the victim.
6. The relevant provisions under the Medical Termination of Pregnancy Act, 1971 which deal with the cases of termination of pregnancy are as under:
3. When pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,--
(a) ...
(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that -
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) ...
...
5. Sections 3 and 4 when not to apply . - (1) The provisions of Section 4, and so much of the provisions of sub-section (2) of Section 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.
7. The Hon'ble Supreme Court in a series of judgments had an occasion Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071 5 WP-41760-2025 to consider the aspect of termination of pregnancies exceeding 24 weeks and in the case of X vs Principal Secretary, Health and Family Welfare Department reported in AIR 2022 SC 4917, the Hon'ble Supreme Court has considered the aforesaid aspect of the matter including the choice of the woman to get the pregnancy terminated and other socio-economic factors including the physical health condition of the woman has permitted for terminating the pregnancy. The aforesaid judgment was again followed by the Hon'ble Supreme Court in the case of XYZ vs State of Gujarat and others, reported in 2023 SCC OnLine SC 1573, wherein the Hon'ble Supreme Court taking note of several aspects of the matter has permitted for termination of pregnancy. It has been held as under :
17. More recently, in the case of X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi, AIR 2022 SC 4917; this Court, in another three-judge Bench lead by Dr. D.Y. Chandrachud, J. (as the learned Chief Justice then was) observed that a woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is warranted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion.
18. In the context of abortion, the right of dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy. Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the State. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women.
19. The whole object of preferring a Writ Petition under Article 226 of Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071
6 WP-41760-2025 the Constitution of India is to engage with the extraordinary discretionary jurisdiction of the High Court in exercise of its constitutional power. Such a power is vested with the constitutional courts and discretion has to be exercised judiciously and having regard to the facts of the case and by taking into consideration the relevant facts while leaving out irrelevant considerations and not vice versa.
20. In view of the above discussion and on perusal of the latest medical report we permit the appellant to terminate her pregnancy. We direct the appellant to remain present before the KMCRI Hospital, Bharuch, Gujarat during the course of the day, today (21.08.2023) or 09 : 00 A.M. tomorrow (22.08.2023) as she deems fit so that the termination of pregnancy could be carried out preferably during the course of the day today (21.08.2023) or tomorrow i.e. 22.08.2023.
21. Subsequently to the medical procedure to be carried out either today or tomorrow, in the event, the foetus is found to be alive, the hospital shall give all necessary medical assistance including incubation either in that hospital or any other hospital where incubation facility is available in order to ensure that the foetus survives. Further, in case the foetus survives, then State shall take steps for ensuring that the child could be adopted in accordance with law.
22. At this stage, learned Senior Counsel for the appellant sought a direction to the concerned doctors to preserve evidence for subsequent DNA Test Report by drawing tissues from the foetus in order to use it as a piece of evidence in the ensuing trial to be prosecuted by the appellant herein. We direct the concerned medical experts to have regard to the feasibility of such a procedure being done, in the event of the foetus being alive or in the event the foetus not being alive or is still born and accordingly take steps as sought for by the appellant herein.
23. It is needless to observe that in the event tissues are drawn for the purpose of DNA test the same shall be handed over to the investigating agency by the concerned hospital.
24. A copy of this order passed today be handed over to learned Senior Counsel for the appellant and learned Standing Counsel for the State of Gujarat.
25. The appeal is allowed in the aforesaid terms.
26. Pending application(s), if any, shall stand disposed of.
8. In the present case, the petitioner's daughter is a rape victim aged about 15 years, carrying pregnancy of 27 weeks and 6 days. Admittedly, the victim was minor at the relevant time. She is not eager to continue the pregnancy as per report. The consent of a pregnant woman in decisions of reproductive Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071 7 WP-41760-2025 autonomy and termination of pregnancy is paramount. The petitioner as well as her daughter stated that in case fetus is found alive during the process of termination of pregnancy, they will take care of the child. The statement of the petitioner's daughter was recorded on 29.10.2025 and stated thus : "... म 27 स ाह 2 दवस के गभ से हू ँ य द मुझे जंदा ब चा होता है तो म इसे पालने के िलए तैयार हू।ँ ". The petitioner has also stated the same version. Further, the other family aspects are required to be considered. Considering the aforesaid coupled with the report of the Committee, pregnancy can be terminated after correction of the parameters.
9. Under these circumstances and following the judgments passed by the Hon'ble Supreme Court in the aforesaid case, this Court deems it appropriate to permit the termination of pregnancy of the petitioner's daughter after correction of the parameters as per the report and subject to the following conditions:
(i) 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 petitioner as well as victim the risk of getting the termination of pregnancy and also other factors.
(ii) 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 her.
(iii) The post operative care up to the extent required, will be Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46 NEUTRAL CITATION NO. 2025:MPHC-JBP:54071 8 WP-41760-2025 extended to the victim. In case foetus survives, then the child will be given to the victim for his/her upbringing as per her statement recorded on 29.10.2025.
(iv) The doctors will also ensure that a sample from the fetus is protected for DNA examination and as and when required will be handed over to the prosecution for using in the criminal case itself.
10. It is made clear that all necessary care and caution be taken by the doctors while carrying out the procedure for termination of pregnancy. It is further made clear that all possible efforts be made by the treating doctors to get the parameters normalized. The victim be given the best possible treatment and the termination of pregnancy be carried out by the doctors as soon as the parameters are corrected.
11. With these observations, the petition is disposed of finally.
(VISHAL MISHRA) JUDGE VV Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 30-10-2025 14:47:46