The Madhya Pradesh High Court at Jabalpur, on October 9, 2025, in a very sensitive case, refused to allow the abortion of a 15-year-old rape survivor. The single bench of Justice Vishal Mishra delivered this decision, stating that the medical report and the will of the survivor - both were central to the judgment.
This case was registered as Writ Petition No. 40010/2025, which was converted into a suo motu petition on the basis of a letter expressing immediate medical and legal concern regarding the abortion of a minor survivor.
Background
The survivor is reported to be around 15 years old. She was allegedly raped in Satna district, after which a case was registered at Ramnagar Police Station under BNS, POCSO Act, and SC/ST Act.
During the investigation, it was found that the survivor was pregnant. The medical board report, submitted by the State on October 8, 2025, stated that the survivor’s pregnancy was 36 weeks, making abortion medically unsafe.
The report further mentioned that the survivor's hemoglobin level was only 7.3 grams and her platelet count was significantly below normal, making her life at serious risk if abortion was attempted.
The report clearly stated -
"Termination of pregnancy will not be appropriate, as it may negatively affect the lives of both the survivor and the fetus."
Court's Observations
Justice Vishal Mishra read the statements of the survivor and her father, recorded during a counseling session conducted by the Child Welfare Committee (CWC).
The survivor said -
"I do not want to terminate the pregnancy, as doctors told me it may endanger my life."
Her father also stated -
"I do not want my daughter’s abortion; she will deliver the child, but we cannot keep the baby."
During the hearing, the court referred to the recent Supreme Court judgment in A (Mother of X) vs. State of Maharashtra (2024) 6 SCC 327, which held that a woman's reproductive freedom and right to choose are fundamental rights under Article 21 of the Constitution.
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The bench stated -
"The consent of the pregnant person is paramount. No entity, not even the State, can replace her will."
Decision
After considering all the facts and reports, the High Court stated that at this stage, termination of pregnancy is neither permissible nor practical, as the pregnancy is nearly nine months old and medically, termination could be life-threatening.
The Court ordered that the Child Welfare Committee, Satna (CWC Satna) shall take custody of the child after 15 days of birth. Until then, the baby will stay with the mother. After that, the Committee will be free to give the child for adoption or hand over the custody to the State Government.
The Court also directed the State Government to keep the identity of the survivor and her family confidential, ensuring that no information leading to her identification is made public in any form.
Justice Mishra wrote in the order -
"These directions are being issued only in the welfare of the child so that his or her upbringing can be done in a safe environment."
With this observation, the petition was disposed of.
Case Title: Prosecutrix X vs. The State of Madhya Pradesh and Others
Case Number: Writ Petition No. 40010 of 2025
Date of Judgment: 9th October, 2025
