Bombay High Court
A MINOR GIRL XYZ THR. HER MOTHER AND NATURAL GUARDIAN MRS. JAYAKKA SHRIMANT BHISEversusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE AND ORS.
- Disposal
- Allowed
Holding
The Court held that, in view of the minor’s sexual assault and the risk to her health, it may, under Article 226, permit medical termination of pregnancy even at 27 weeks and order preservation of foetal tissue for DNA evidence.
Summary
The Court entertained a writ petition filed by a minor girl, through her mother, seeking permission for medical termination of pregnancy at 27 weeks following a sexual assault. A medical board examined the minor and reported that she is medically fit for the procedure, though it carries risk. Considering the assault, the Court found that continuing the pregnancy would cause grave injury to her physical and mental health, justifying intervention under Article 226. The Court ordered the minor to be taken to a government hospital for termination on a specified date and directed state agencies to ensure adequate medical care. It also directed preservation of foetal tissue for DNA testing to aid the criminal trial, and instructed that if a live birth occurs, the state will assume parental responsibility. The writ petition was therefore allowed.
Issues considered
- Whether a minor victim of sexual assault may be permitted to undergo medical termination of pregnancy at 27 weeks of gestation.
- Whether the High Court can exercise its powers under Article 226 to order termination of pregnancy in such circumstances.
- Whether foetal tissue may be preserved for DNA testing to assist the criminal investigation.
- If a live birth occurs, whether the State must assume parental responsibility for the child.
Subjects
- Medical Termination of Pregnancy
- Minor
- Sexual Assault
- Article 226
- Child Welfare Committee
- DNA evidence
- State parental responsibility
Judgment
2026:BHC-KOL:9172-DB
901-WP-4772-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4772 OF 2026
A Minor Girl XYZ,
through her Mother and Natural Guardian ...Petitioner.
Versus
The State of Maharashtra and Others ...Respondents.
——————
Mr. Vishal M. Dhamal a/w Mr. Giridhar S. Koli, for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 24, 2026.
P. C. :
1. By the present Petition filed through the Guardian, the minor girl
seeks permission for medical termination of pregnancy, who is
presently pregnant with a gestational age corresponding to 27 weeks. It
is pleaded that the minor is a victim of sexual assault and FIR has
already been registered with the Jat Police Station in respect of the
same incident.
2. By order dated 22nd September, 2026, this Court had directed the
Medical Board to examine the minor girl and submit a report to this
Court regarding the status, physical and mental condition of the minor
and feasibility and advisability of terminating the pregnancy.
Jamadar - SL 1 of 3
901-WP-4772-2026.doc
3. Accordingly, the report is submitted to this Court by learned AGP.
The same is taken on record. The conclusion of the Medical Board, upon
clinical examination, laboratory investigation and radiological
examination, is that the Petitioner is “Medically Fit to undergo the
procedure of medical termination of pregnancy with due risk”.
4. We find from the material placed on record that, considering the
incident of sexual assault, the continuance of the pregnancy will involve
grave injury to the physical and mental health of the minor, which will
permit this Court, in exercise of its powers under Article 226 of the
Constitution of India, to permit medical termination of the pregnancy.
5. This Court is informed that the minor is at present under the care
and custody of the Child Welfare Committee at Sangli.
6. Respondent No.4 is directed to bring the minor to the
Government Medical College and Hospital, Miraj - Respondent No.2, for
termination of the pregnancy on 25th September, 2026.
7. The State Agencies, as well as the Hospital, to ensure that
adequate medical treatment is made available while conducting the
medical termination of the pregnancy.
8. In the event the minor delivers a child despite attempts at medical
termination of pregnancy, the best possible medical care to be given to
the child. If the minor is unwilling to take care for the child, the State
Agencies to assume full parental responsibility in relation to such child.
Jamadar - SL 2 of 3
901-WP-4772-2026.doc
9. As the criminal case registered by the Petitioner is under
investigation and would be put to trial, we direct the Medical Officer/s
to preserve the 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 Petitioner. 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.
10. The Writ Petition is allowed in the above terms.
11. All parties to act upon an authenticated copy of this order.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Jamadar - SL 3 of 3
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