The Delhi High Court has permitted the medical termination of a pregnancy of a 15-year-old rape survivor who was between 26 and 28 weeks pregnant, holding that forcing a minor to continue an unwanted pregnancy would cause grave psychological trauma and violate her fundamental rights under Article 21 of the Constitution.
Justice Mini Pushkarna passed the order after considering the opinion of the AIIMS Medical Board, which found the minor medically fit for the procedure and supported termination due to the likely adverse mental impact of continuing the pregnancy.
Background of the Case
The writ petition was filed by the minor through her father seeking permission to terminate her pregnancy. Since the pregnancy had crossed the statutory limit prescribed under the Medical Termination of Pregnancy (MTP) Act, 1971, the petitioner approached the High Court under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The petitioner submitted that she was a victim of rape and that continuing the pregnancy would result in severe mental trauma. The AIIMS Medical Board examined the minor and concluded that continuation of the pregnancy was likely to have an adverse psychological impact while also certifying that she was medically fit to undergo the termination procedure. The Government of NCT of Delhi informed the Court that it had no objection to the procedure being carried out in view of the medical opinion.
Court's Observations
Justice Mini Pushkarna observed that although the MTP Act generally restricts termination beyond 24 weeks, constitutional courts can exercise their extraordinary jurisdiction in exceptional circumstances, particularly where a minor rape survivor faces serious mental trauma.
Referring to earlier decisions of the Delhi High Court and the Supreme Court, the Court emphasized that reproductive choice forms part of the right to life and personal liberty under Article 21.
The bench observed,
"The extraordinary jurisdiction of the Constitutional Courts can be invoked for termination of pregnancy in cases of rape, as in such cases, grave mental injury and trauma is inflicted upon the mind of the minor."
The Court also relied on the Supreme Court's recent observations that
"No court ought to compel any woman and more so a minor child, to carry a pregnancy to full term against her express will."
Court's Decision
Allowing the petition, the Delhi High Court permitted the minor to undergo medical termination of pregnancy at AIIMS, New Delhi, under the supervision of a team of competent doctors in accordance with the MTP Act and applicable medical guidelines.
The Court directed AIIMS to preserve fetal tissue for DNA testing in connection with the pending criminal case. It further ordered that the Government of NCT of Delhi would bear all medical and post-operative expenses.
The Court also laid down directions regarding medical care if the child is born alive during the procedure and stated that, if that situation arises and in accordance with the wishes of the minor and her father, the child may be given in adoption through the prescribed legal process.
With these directions, the writ petition was disposed of.
Case Details
Case Title: Minor R (Through Her Father R) v. State NCT of Delhi & Another
Case Number: W.P. (CRL) 1804/2026
Judge: Hon'ble Ms. Justice Mini Pushkarna
Decision Date: 24 June 2026
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