The Madhya Pradesh High Court has recently ruled that a 17-year-old pregnant girl, who was living with her partner accused under the POCSO Act, cannot be allowed to reside with him due to her minor status. However, respecting her choice, the court has allowed her to continue with the pregnancy.
The court was hearing a suo moto writ petition (WP No. 27514 of 2025), based on a letter from the Special Judge under the POCSO Act, Mauganj, Rewa. The judge had written to the High Court's Registrar General on July 12, 2025, seeking permission to terminate the pregnancy of a minor rape victim.
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Earlier, on July 15, the High Court had ordered a medical examination of the girl. However, when the police went to escort her for the check-up, she declined both the medical examination and the termination procedure. Her statement, recorded in Hindi, revealed that she had been in a relationship for over a year with her partner and was willingly residing at his home. She clearly stated that she did not wish to end the pregnancy or undergo further tests.
“I do not want any medical examination or abortion. I want to live with my partner Bhupendra Saket,” she stated in her recorded statement.
Upon reviewing her statement and the legal framework, the bench led by Justice Vishal Mishra emphasized that although the girl had expressed her will to continue living with her partner, she is still a minor. Therefore, living with the accused was not legally permissible.
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The court directed:
“The prosecutrix is aged about 17 years and being a minor she cannot reside in the house of the accused. Therefore, the Police Authorities are directed to hand over the prosecutrix to her parents. If they are unwilling or if the girl chooses not to live with them, she should be shifted to Nari Niketan (Mauganj/Rewa).”
Further, the High Court stated that she would reside at Nari Niketan until she attains the age of majority. The institution’s superintendent has been instructed to take all necessary care and precautions, as the girl is currently 26 weeks and 4 days into her pregnancy.
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On the issue of termination, the court relied on the recent Supreme Court judgment in A (Mother of X) vs. State of Maharashtra & Another [(2024) 6 SCC 327], which reaffirms that:
“Where the opinion of a minor pregnant person differs from the guardian, the court must regard the view of the pregnant person as an important factor while deciding the termination of the pregnancy.”
Respecting the prosecutrix’s decision and the legal precedent, the High Court concluded that:
“In view of the fact that the prosecutrix has not given any consent for undergoing termination of pregnancy and taking note of the judgment passed by the Hon’ble Supreme Court, the termination of pregnancy in the present case cannot be ordered.”
With this, the court disposed of the petition, laying down clear directions for the welfare and legal protection of the minor girl.
Case Title: Prosecutrix X v State of Madhya Pradesh (Writ Petition No. 27514 of 2025)
Counsel For State: Government Advocate Alok Agnihotri