1

CGHC010424472026 2026:CGHC:46535

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 5432 of 2026

1 – XYZ (Victim) D/o Shri ABC (Father) Aged About 21 Years R/o Village Silyari,

Outpost Silyari, P.S. Dharsiwa, District Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mantralaya,

Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.),

2 - Secretary, Department Of Health, Mantralaya, Mahanadi Bhawan, Atal Nagar

Nawa Raipur, District Raipur (C.G.),

3 - Chief Medical And Health Officer (C.M.H.O), District Bilaspur (C.G.)

4 - Civil Surgeon-Cum-Chief Hospital Superintendent, District Hospital Bilaspur

(C.G.)

5 - Station House Officer (S.H.O), Police Station Masturi, District Bilaspur (C.G.)

... Respondent(s)

For Petitioner :Mr. Anukul Biswas, Advocate

For State :Mr. Avinash Chand Sahu, Deputy AG

Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

03/11/2026

1.This Writ Petition has been preferred seeking a direction from this Court with

regard to medical termination of pregnancy of the Petitioner who is a victim of

offence of rape.

2

2.Facts of the case, in brief, are that the petitioner is a 21-year-old unmarried

woman and a victim of rape allegedly committed by the accused-

Satyaprakash Rai, on the false pretext of marriage. Upon discovering that the

accused had secretly married another woman, she lodged a police complaint,

pursuant to which Crime No. 715/2026 was registered at Police Station

Masturi, District Bilaspur, under Section 376 of the IPC. During her medical

examination, the petitioner was found to be pregnant, and the

ultrasonography conducted on 05.10.2026 confirmed a single live intra-

uterine pregnancy of 8 weeks. Therefore, the petitioner has preferred the

present petition seeking urgent directions from this Court.

3.Learned counsel for the petitioner submits that the pregnancy of child may be

detrimental to the life of petitioner and may also have significant physical,

emotional, social and economic consequences to her. Therefore, she does

not want to carry on pregnancy and deliver child, as such, she has filed

instant petition seeking permission of this court for termination of her

unwanted pregnancy. He submits that the petitioner is a 21-year-old

unmarried woman who has been sexually exploited by the accused. He

further submits that initially, Zero FIR No. 00/2026 was registered at Police

Station Dharsiwa, District Raipur, which was subsequently transferred to

Police Station Masturi, District Bilaspur, where regular Crime No. 715/2026

was registered for the offence punishable under Section 376 of the IPC.

4.Vide order dated 30.10.2026, this Court directed for medical examination of

the petitioner by the Medical Board constituted under the provisions of

Section 3 of the Medical Termination of Pregnancy Act, 1971 consisting of

one Gynecologist, one Pediatrician, one Radiologist/Sonologist. It was

3

directed to the Board to examine the petitioner after due verification of

petitioner’s identity in terms of Crime No.715/2026 at Police Station Masturi,

District Bilaspur (C.G.).

5.This Court had emphasizedly directed the Chief Medical and Health Officer,

District Bilaspur to ensure that the prosecutrix is physically examined by a

duly constituted team of medical Doctors/Medical Board.

6.In compliance of the said directions, the Chief Medical and Health Officer,

District Bilaspur CG has sent a letter dated 02.11.2026 whereby Medical

Board has reported that :-

जॉ

च प्रतिवेदन

मा

ननीय उच्च न्यायालय द्वारा दिये गये निर्देश के परिपालन में कु

. दि

व्या

दि

वाकर

/ का

मेश्वर दिवाकर उम्र

21 व

र्ष जाति

-स

तनामी

, प

ता सिलियारी

ब्

लॉक

-ध

रसींवा

, जि

ला रायपुर के संबंध में जॉच में

well oriented, well

councious, Obey command, Vital stable, P/A soft, U/T Just

palpable, Uterus 12 weeks size पा

या गया

, उक्

त आधार पर चिकित्सा

वि

शेषज्ञ का अभिमत निम्नानुसार है

:-

1. स

मस्त प्रकार के जाँच में सब सामान्य पाया गया है।

2. आ

वेदिका का गर्भपात जिला चिकित्सालय अथवा उच्च संस्था में किया जा

स

कता है।

7.Learned counsel for the State submits that since the petitioner was sexually

exploited, therefore she has conceived, but she does not want to carry on her

pregnancy. Therefore, it may be presumed that if permission is not granted,

then it would cause grave injury to the mental health of petitioner, as such,

relief sought for may be granted to her.

8.I have heard learned counsel for the parties and perused the material

available on record including medical report submitted by a team of

doctors/Medical Board of District Hospital, Bilaspur.

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9.Issue involved in the instant case is seeking permission for termination of

pregnancy, which is governed by the provisions of the Medical Termination of

Pregnancy Act, 1971 (henceforth referred to as “Act, 1971”). Section 3 of the

Act, 1971 provides for termination of pregnancy by registered medical

practitioner under the circumstances, as has been envisaged therein, which

is reproduced 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.”

[ In section 3 of the principal Act, for sub-section (2), the

following sub-sections have been substituted vide

Amendment Act, 2021, No. 8. of 2021]

"(2) Subject to the provisions of sub-section (4), a

pregnancy may be terminated by a registered medical

practitioner,—

(a) where the length of the pregnancy does not exceed

twenty weeks, if such medical practitioner is, or

(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) there is a substantial risk that if the child were born, it

would suffer from any serious physical or mental

abnormality.

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Explanation 1.—For the purposes of clause (a), where any

pregnancy occurs as a result of failure of any device or

method used by any woman or her partner for the purpose

of limiting the number of children or preventing pregnancy,

the anguish caused by such pregnancy may be presumed to

constitute a grave injury to the mental health of the pregnant

woman.

Explanation 2.—For the purposes of clauses (a) and (b),

where any pregnancy is alleged by the pregnant woman to

have been caused by rape, the anguish caused by the

pregnancy shall be presumed to constitute a grave injury to

the mental health of the pregnant woman.

(2A) The norms for the registered medical practitioner

whose opinion is required for termination of pregnancy at

different gestational age shall be such as may be prescribed

by rules made under this Act.

(2B) The provisions of sub-section (2) relating to the length

of the pregnancy shall not apply to the termination of

pregnancy by the medical practitioner where such

termination is necessitated by the diagnosis of any of the

substantial foetal abnormalities diagnosed by a Medical

Board.

(2C) Every State Government or Union territory, as the case

may be, shall, by notification in the Official Gazette,

constitute a Board to be called a Medical Board for the

purposes of this Act to exercise such powers and functions

as may be prescribed by rules made under this Act.

(2D) The Medical Board shall consist of the following,

namely:—

(a) a Gynaecologist;

(b) a Paediatrician;

(c) a Radiologist or Sonologist; and

(d) such other number of members as may be notified in the

Official Gazette by the State Government or Union territory,

as the case may be.".

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(3) In determining whether the continuance of pregnancy

would involve such risk of injury to the health as is

mentioned in subsection (2), account may be taken to the

pregnant woman's actual or reasonable foreseeable

environment.

(4) (a) No pregnancy of a woman, who has not attained the

age of eighteen years, or, who, having attained the age of

eighteen years, is a [mentally ill person], shall be terminated

except with the consent in writing of her guardian.

(b) Save as otherwise provided in clause (a), no pregnancy

shall be terminated except with the consent of the pregnant

woman.”

10.In the instant case, the petitioner is a 21-year-old unmarried woman who is

a victim of sexual exploitation. Therefore, she does not want to carry on

her pregnancy and deliver child. Team of doctors has reported that

gestational age is 12 weeks as on 02.11.2026. It has also been reported

that the petitioner has been found medically fit to undergo Medical

Termination of Pregnancy.

11.Having considered aforesaid facts, as has been stated above, it cannot be

denied that continuation of pregnancy can lead to complication at a later

stage on account of physical and mental condition of the victim.

12.This Court in WPC No. 270/2018 (Ku. Pooja Mandavi v. State of

Chhattisgarh and others) decided on 02.02.2018 in paragraph No. 23 in a

similar situation allowing the writ petition has held as under:

“23. Taking into consideration the entire facts including her

age (13 years) and circumstances what has been stated by

the victim, her gestational age, judicial precedents, taking

into consideration her adolescent pregnancy and risk

involved in childbirth, medical condition of the victim /

petitioner, as she is suffering anemia and sickle cell (trait),

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considering the fact that the fetus if allowed to born, would

have a limited life span with serious handicaps, and that as

per Explanation I appended to sub-section (2) of Section 3 of

the Act of 1971 mental agony of a rape victim (petitioner) has

to be treated as a case of grave injury, particularly taking into

consideration that it is in the best interests of the victim alone

which has to be kept in view and considering the provisions

of Sections 3 and 4 of the Act of 1971 and Explanation I that

the termination of pregnancy is immediately necessary to

save the life of a pregnant girl like the petitioner herein, in the

interest of justice, it would be proper to direct that a team of

five doctors shall consider the feasibility of termination of

pregnancy at this gestational age. Accordingly, the writ

petition is allowed…….”

13.This Court in WPC No. 2836 of 2026 (XYZ and Another v. State of

Chhattisgarh and others) decided on 15.06.2026 in paragraph No. 20 in a

similar situation allowing the writ petition has held as under:

“20. In the considered opinion of this Court, the facts of the

present case squarely satisfy the requirements envisaged

under Section 3 of the Medical Termination of Pregnancy

Act, 1971, as amended in 2021. The pregnancy is within the

statutorily permissible period. The victim has expressed her

free and informed desire not to continue with the pregnancy.

The Medical Board has opined that termination is medically

feasible. The pregnancy is alleged to be the consequence of

repeated sexual assault upon a minor girl. Therefore, the

statutory presumption of grave injury to the mental health of

the petitioner stands attracted and there exists no legal

impediment in permitting medical termination of pregnancy.”

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14.Given the facts and circumstances of the instant case and further referring

to the judgment of the Hon'ble Supreme Court in the case of "A v. Union of

India” [2018 (14) SCC 75] and also "Sarmishtha Chakraborthy and Another

v. Union of India” [2018 (13) SCC 339] permitted termination of pregnancy

at the stage where the victim was carrying pregnancy for around 26 weeks.

The Hon'ble Supreme Court in the case of " Murugan Nayakkar v. Union of

India and others" [2017 SCC Online 1092”], considering the fact that the

victim of rape must be given that much of liberty and right to decide

whether she should continue with the pregnancy or she should be

permitted to terminate the pregnancy.

15.Recently, the Hon’ble Supreme Court in the matter of “A (Mother of X) vs.

State of Maharashtra & Ors.” [2026 LiveLaw (SC) 160] has observed that

the Court cannot compel any woman, much less a minor child, to complete

her pregnancy if she is otherwise not intending to do so that would be more

traumatic for a minor. In the aforesaid case, the Hon’ble Supreme Court

has referred various judgments and in Para 17 following observation has

been made:-

"17. In this regard we reiterate what has been observed by

one of us (Nagarathna, J) in X vs. Union of India & Another,

I.A. No.211690 of 2023 in M.A. No.2157 of 2023 in Writ

Petition (Civil) No.1137 of 2023 dated 11.10.2023 as under:

“5. In this context, it would be necessary to reiterate the three

Judge Bench Judgment of this Court in X vs. Health & Family

Welfare Department, 2022 SCC OnLine SC 1321, authored

by Dr. Justice D.Y. Chandrachud, presently the Chief Justice

of India, of which paragraphs 99, 101 and 102 read as under:

9

“99. The ambit of reproductive rights is not restricted to the

right of women to have or not have children. It also includes

the constellation of freedoms and entitlements that enable a

woman to decide freely on all matters relating to her sexual

and reproductive health. Reproductive rights include the

right to access education and information about

contraception and sexual health, the right to decide whether

and what type of contraceptives to use, the right to choose

whether and when to have children, the right to choose the

number of children, the right to access safe and legal

abortions, and the right to reproductive healthcare. Women

must also have the autonomy to make decisions concerning

these rights, free from coercion or violence.

x x x

101. To this, we may add that a woman is oftenenmeshed in

complex notions of family, community, religion, and caste.

Such external societal factors affect the way a woman

exercises autonomy and control over her body, particularly in

matters relating to reproductive decisions. Societal factors

often find reinforcement by way of legal barriers restricting a

woman's right to access abortion. The decision to have or

not to have an abortion is borne out of complicated life

circumstances, which only the woman can choose on her

own terms without external interference or influence.

Reproductive autonomy requires that every pregnant woman

has the intrinsic right to choose to undergo or not to undergo

abortion without any consent or authorization from a third

party.

102. The right to reproductive autonomy is closely linked with

the right to bodily autonomy. As the term itself suggests,

bodily autonomy is the right to take decisions about one's

body. The consequences of an unwanted pregnancy on a

woman's body as well as her mind cannot be understated.

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The fetus relies on the pregnant woman's body for

sustenance and nourishment until it is born. The biological

process of pregnancy transforms the woman's body to permit

this. The woman may experience swelling, body ache,

contractions, morning sickness, and restricted mobility, to

name a few of a host of side effects. Further, complications

may arise which pose a risk to the life of the woman. A mere

description of the side effects of a pregnancy cannot possibly

do justice to the visceral image of forcing a woman to

continue with an unwanted pregnancy. Therefore, the

decision to carry the pregnancy to its full term or terminate it

is firmly rooted in the right to bodily autonomy and decisional

autonomy of the pregnant woman.

(underlining by me)”

6. Unwanted pregnancy as a result of failure in a

familyplanning method, even during the period of Lactational

Amenorrhea as in the instant case or as a result of sexual

assault results in the same consequence. The pregnant lady

is not interested in continuing with the pregnancy. In such a

situation whether the child to be born is viable or if the child

would be a healthy child are not relevant considerations.

What is to be focused upon is, whether, the pregnant lady

intends to give birth to a child or not. This is what has been

emphasized by this Court in the aforesaid three Judge

Bench decision which is binding on this Bench.

7. It may not be out of place to note that a foetus

isdependent on the mother and cannot be recognized as an

individual personality from that of the mother as its very

existence is owed to the mother. It would be incongruous to

conclude that the foetus has a separate identity from the

mother and in spite of the physical or mental health of a

mother being under threat, she will have to continue her

pregnancy until the foetus is born which would endanger her

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delicate health. Such a position is contrary to Article 21 and

15(3) of the Constitution of India which recognize the right to

life and liberty and particularly those of a woman. One

cannot also lose sight of the fact that reproduction is unique

to women and throughout her life, a woman goes through

the process of menstruation, pregnancy, delivery, post-

delivery phase and ultimately menopause. As stated above,

right to reproductive health being a woman’s human right

would also include the right to an abortion. Otherwise, a

woman who is forced into an unwanted pregnancy would

experience physical and mental trauma and to endure the

pregnancy which may continue in the post-natal period

owing to which she would have the burden of bringing up an

additional child and consequently, may lose out on other

opportunities in life including right to employment and

contribution to the income of the family."

16.The petitioner victim of sexual exploitation herself carry stigma in her life. In

facts situation of the case, if she is not permitted to terminate her

pregnancy, which is result of sexual exploitation, then it would be against

her liberty and right to decide whether she continues with the pregnancy or

not ?

17.The Hon’ble Supreme Court in the matter of S vs. The Union of India & Ors.

Reported in 2026 LiveLaw (SC) 446 held in paragraphs No.11.3, 14 & 14.1,

reads as under:-

11.3. We find that in cases of unwanted pregnancy, often the

decision to terminate is made beyond the statutory period

prescribed under the MTP Act owing to several reasons. It is

under such circumstances that Constitutional Courts must

weigh the circumstances in which a case in relation to the

welfare of the pregnant woman has to be considered rather

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than the child to be born. In fact, under certain grounds, the

MTP Act itself permits termination of pregnancy which is

therefore recognised in law. The Constitutional Court is

approached only when the statutory remedy is not available

to a party. Can the Constitutional Court then say that since

the statutory remedy is not available, no constitutional

remedy would be available. That, in our view, cannot be the

approach. A lack of remedy under a statute does not bar a

constitutional remedy. The statute codifies a part of the

constitutional remedy. If a case is not covered within the four

corners of a statute then, can the constitutional relief be also

denied? In our view, in such circumstances, the

Constitutional Court ought to weigh all facts and

circumstances from the lens of the party who intends to

terminate the pregnancy and is willing to undertake the

medical risk, rather than compelling her to complete the

pregnancy term and give birth to an unwanted child. If the

pregnant woman carrying an unwanted pregnancy is

compelled to continue such a pregnancy, then the

constitutional rights of the pregnant woman would be

breached.

14.We may usefully refer to a three-Judge Bench judgment

of this Court in X v. Health Family Welfare Department, 2022

SCC OnLine SC 1321, wherein it has been authoritatively

held that a woman's right to reproductive autonomy includes

the right to choose whether and when to have children, the

number of children to have, and the right to access safe and

legal abortion and reproductive healthcare. This Court

recognized that the decision to continue or terminate a

pregnancy arises out of complex and deeply personal

circumstances, which only the woman herself is best placed

to evaluate. Reproductive autonomy, therefore, necessarily

entails that every pregnant woman has the intrinsic right to

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decide whether to undergo an abortion. Importantly, this

Court also observed that a mere clinical description of

pregnancy cannot capture the profound physical and

psychological consequences of forcing a woman to carry an

unwanted pregnancy to term. Consequently, the decision to

either continue or terminate a pregnancy is firmly rooted in

the woman's right to bodily integrity and decisional

autonomy, which are integral facets of her fundamental rights

under Article 21 of the Constitution.

14.1 In the context of the present case, we may refer to the

decision of A (Mother of X) V. State of Maharashtra & Others

in Civil Appeal No.827 of 2026, where, on similar facts, this

Court had allowed medical termination of pregnancy of 30

weeks of a minor girl. In that case too, the pregnancy in

question arose out of a consensual relationship, and much

like the present case, the continuation of the pregnancy was

stated to be traumatic both mentally as well as physically to

the minor girl as it was an unwanted pregnancy.

18.At this stage, it would be relevant to notice that Explanation 2 appended to

Section 3 of the Medical Termination of Pregnancy Act, 1971, as amended

in 2021, creates a statutory presumption that where a pregnancy is alleged

to have been caused by rape, the anguish caused by such pregnancy shall

be presumed to constitute a grave injury to the mental health of the

pregnant woman. The legislative intent underlying the said provision is

clear and unambiguous. A woman who is compelled to carry a pregnancy

resulting from rape is presumed in law to suffer grave mental injury. The

trauma arising from sexual assault, coupled with the social, emotional and

psychological consequences of an unwanted pregnancy, has a profound

impact upon the life and future of the victim.

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19.This Court cannot lose sight of the fact that the petitioner is a 21-year-old

woman who was subjected to sexual exploitation on the false pretext of

marriage. The pregnancy is not the result of a consensual relationship but

is alleged to be the outcome of offences punishable under Section 376 of

the IPC. To compel such a victim to continue with the pregnancy against

her wishes would amount to subjecting her to further trauma and would

seriously impinge upon her bodily integrity, dignity, privacy and

reproductive autonomy, all of which are facets of the right to life guaranteed

under Article 21 of the Constitution of India.

20.The victim has expressed her free and informed desire not to continue with

the pregnancy. The pregnancy is alleged to be the consequence of

repeated sexual assault upon a women. Therefore, the statutory

presumption of grave injury to the mental health of the petitioner stands

attracted and there exists no legal impediment in permitting medical

termination of pregnancy.

21.Consequently, and in the interest of securing the physical, mental and

emotional well-being of petitioner, the present writ petition deserves to be

and is hereby allowed. It is directed that petitioner shall be admitted, within

a period of one week from today, in the District Hospital/Associated

Government Medical College Hospital, Bilaspur, or any other Government

Hospital having the requisite facilities, where the procedure for medical

termination of pregnancy shall be undertaken strictly in accordance with the

provisions of the Medical Termination of Pregnancy Act, 1971, as amended

in 2021, and the applicable medical protocol. The procedure shall be

15

carried out by a duly constituted team of qualified medical experts,

including at least two Gynecologists and a Surgeon, along with such other

specialists as may be considered necessary by the hospital authorities.

22.Before undertaking the procedure, informed written consent of petitioner

shall be obtained in accordance with law. In addition thereto, having regard

to the peculiar facts and circumstances of the case and the continued

involvement and support of the family, the consent and concurrence of her

father/guardian shall also be obtained. The medical team shall fully explain

to petitioner and her family members the nature of the procedure, attendant

risks and post-operative requirements before proceeding further.

23.The Chief Medical and Health Officer, Bilaspur, is directed to immediately

establish contact with the father of petitioner and extend all necessary

assistance to petitioner and her family members for effective

implementation of this order. The CMHO shall ensure that appropriate

transportation, including ambulance facilities, is made available to petitioner

for her travel to and from the hospital and for any medical exigency

connected with the procedure. The CMHO shall also coordinate with the

concerned medical experts and fix an appropriate date for admission and

termination of pregnancy within a period of one week from today. The State

authorities shall render all possible logistical, medical and administrative

assistance to petitioner and her family members so that the procedure is

carried out in a safe, dignified and expeditious manner without causing any

inconvenience or hardship to the victim.

16

24.It is further directed that all necessary pre-operative, operative and post-

operative medical care shall be provided to petitioner by the hospital

authorities. The identity, privacy and confidentiality of petitioner shall be

strictly protected at every stage of the proceedings and medical treatment.

25.Since a criminal case arising out of the alleged sexual assault is stated to

be pending investigation/trial, the concerned hospital authorities shall

preserve appropriate samples, including fetal tissue/DNA samples, in

accordance with the applicable medical and forensic protocols and shall

make the same available to the investigating agency, if required, for the

purposes of investigation and prosecution.

26.A copy of this order be communicated forthwith to the Chief Medical and

Health Officer, Bilaspur for immediate compliance. Learned State counsel

shall also ensure prompt transmission and compliance of this order.

27.The Chief Medical and Health Officer, Bilaspur, shall ensure due

compliance of the directions contained in this order and, after completion of

the procedure and necessary post-operative care, shall submit a

compliance report before the Registrar (Judicial) of this Court within a

period of two weeks from the date of completion of the medical termination

procedure. The report shall indicate the steps taken pursuant to this order,

the date on which the procedure was carried out, the medical condition of

petitioner after the procedure and the assistance extended by the

authorities to petitioner and her family members. The Registrar (Judicial)

17

shall place the said report before the appropriate Bench for necessary

information.

28.In the result, the writ petition stands allowed.

29.The sealed-cover report of the Medical Board is accordingly taken on

record.

30.The particulars of victim and her father has been screened in the final

order.

Sd/-

(Amitendra Kishore Prasad)

Judge

Priyanka