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3. Subsequently, the learned Single Judge, Principal Seat at Jabalpur in Writ Petition No.3491 of 2025 vide order dated 28.01.2025 while dealing with matter listed before the Bench in compliance with the directions of aforesaid order dated 12.12.2024 passed in Writ Petition No. 39431 of 2024 by Single Bench at Indore, has held at para no. 5 read with para no.6 that woman, who are survivors of sexual assault or rape or incest, can get their pregnancy terminated upto 24 weeks and order from the Court is not required for termination of pregnancy and pregnancy can be terminated under the provisions of the MTP Act. The learned Single Bench at Jabalpur further held that permission is only required in cases where pregnancy is more than 24 weeks old as termination of such pregnancy is not permissible under Medical Termination of Pregnancy Act, 1971 and in said case, High Court has to exercise its jurisdiction under Article 226 of the Constitution of India for passing orders for termination of pregnancy. The relevant paras of judgment are as follows:-

5. Categories of woman has also been mentioned in Rule 3B of Medical Termination of Pregnancy Rules, who can get their pregnancy terminated upto 24 weeks i.e. woman who are survivors of sexual assault or rape or incest are covered.

6. In all aforesaid cases, order from the Court is not required for termination of pregnancy. Pregnancy can be terminated in all aforesaid cases which are covered within the NEUTRAL CITATION NO. 2025:MPHC-JBP:8112 purview of the Act. Permission from the Court is only required in cases where pregnancy is more than 24 weeks old. Termination of such pregnancy is not permissible under Medical Termination of Pregnancy Act, 1971. In said cases, High Court has to exercise its jurisdiction under Article 226 of the Constitution of India for passing orders for termination of pregnancy."

4. Therefore, it seems that the learned Single Judge at Jabalpur is of the considered view that the woman, who are survivors of sexual assault or rape or incest, can get their pregnancy terminated upto 24 weeks under the provisions of the MTP Act in view of Section 3(2)(A) or under Section 5(1) or under Section 3(2)(B) of MTP Act, 1971 and consequently, order from the Court is not required for termination of pregnancy. The learned Single Judge at Jabalpur is also of the view that permission for termination of pregnancy is only required in cases where pregnancy is more than 24 weeks as termination of such pregnancy is not permissible under the Medical Termination of Pregnancy Act, 1971 and in said case, High Court has to exercise its jurisdiction under Article 226 of the Constitution of India for passing orders for termination of pregnancy.

"3B. Women eligible for termination of pregnancy up to twenty-four weeks.--
The following categories of women shall be considered eligible for termination of pregnancy under clause (b) of sub section (2) Section 3 of the Act, for a period of up to twenty- four weeks, namely:-
(a) survivors of sexual assault or rape or incest;