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S.O. to 02.02.2026.

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3. Pursuant to the order passed by this Court dated 29.01.2026, the learned APP received a report from the Committee - Assistant Professor, NEUTRAL CITATION R/SCR.A/1205/2026 ORDER DATED: 02/02/2026 undefined Professor and Senior Resident, dated 31.01.2026 and produced before this Court today. The said report is ordered to be taken on record. On perusing the report, it appears that after examining the applicant-victim, the doctors from different branches/ departments, viz. gynaecologist, psychiatrist, physician and radiologist found the applicant-victim's pregnancy is 15 weeks, so termination of pregnancy can be done as per MTP Act.

6. A panel of doctors have opined that, the applicant-victim is already carrying about 15 weeks of pregnancy with a specific report/opinion of the empaneled doctors that medical termination of pregnancy can be performed as per the guidelines of the MTP Amendment Act, 2021.

7. Learned APP has urged before this Court that the Court may, in a given set of circumstances, issue a direction for termination of pregnancy. However, the tissues from the fetus may be directed to be handed over for NEUTRAL CITATION R/SCR.A/1205/2026 ORDER DATED: 02/02/2026 undefined the purpose of DNA sampling in a scientific manner to the Investigating Officer.

8. In the case of X vs. Union of India and Another (Miscellaneous Application No.2157 of 2023 in Writ Petition (Civil) No.1137 of 2023), the Hon'ble Supreme Court has summarised the law regarding the medical termination of pregnancies. In paragraph-13, the Hon'ble Supreme Court has observed thus :

"Medical termination of pregnancies

13. The termination of pregnancies is governed by the MTP Act and the rules framed under it. The MTP Act is a progressive legislation which regulates the manner in which pregnancies may be terminated. Section 3 spells out certain conditions which must be satisfied before a pregnancy can be terminated. The conditions depend upon the length of the pregnancy. Where the length of the pregnancy does not exceed twenty weeks, one Registered Medical Practitioner must be of the opinion, formed in good faith, that:

One will shudder to think what a victim who is carrying such fetus in her womb must be going through each day, being reminded constantly of the sexual assault that she has undergone. Cases where sexual assault results into pregnancy of the victim are even more traumatic as the shadow of such tragic moment lingers on each day with the victim. It is this mental agony which has been taken into account by the MTP Act which lays emphasis on not only grave physical injury but also mental health of a pregnant woman. It therefore provides under Section 3(2)(i) that if the continuance of pregnancy would involve grave injury to the NEUTRAL CITATION R/SCR.A/1205/2026 ORDER DATED: 02/02/2026 undefined mental health of a pregnant woman, she can legitimately seek to terminate the same. In furtherance of the same intent, Section 3(2) Explanation 2 of the MTP Act provides that -