The Delhi High Court has permitted the medical termination of a pregnancy exceeding 29 weeks in the case of a 17-year-old minor rape survivor, holding that the statutory 24-week limit under the Medical Termination of Pregnancy (MTP) Act cannot be the sole consideration in such cases. Justice Harish Vaidyanathan Shankar passed the order on October 24, 2026, after considering the circumstances of the pregnancy and the medical opinion placed before the Court.
Background
The petition, filed under Article 226 of the Constitution through the minor’s grandmother, sought permission to terminate the pregnancy under the MTP Act, 1971. The minor was admitted to Deen Dayal Upadhyay Hospital in New Delhi for medical care and supervision.
The petition stated that the pregnancy had resulted from rape and that its continuation would cause serious psychological trauma and mental injury to the minor. An FIR had already been registered at Khayala Police Station in connection with the incident.
The Medical Board constituted at the hospital examined the case and concluded that the minor was medically and psychologically fit to undergo the termination procedure. The State also submitted that appropriate directions could be passed in light of the medical report and the applicable law.
Justice Shankar examined Supreme Court and Delhi High Court precedents permitting pregnancy termination beyond the statutory period in appropriate cases. The Court emphasised that each matter must be assessed individually, considering the pregnant woman’s age, the circumstances leading to the pregnancy, medical advice and her rights.
The Court observed:
“The question of medical termination of pregnancy cannot be merely determined or restricted by the statutory period of 24 weeks, but must be examined in the context of the facts and circumstances of each case, including the age and the reason of such pregnancy, the medical opinion placed on record, and the rights and the interest of the pregnant woman.”
Applying these principles, the Court considered the minor’s age, the circumstances of the pregnancy and the Medical Board’s assessment. The report specifically stated that the minor was medically and psychologically fit for termination.
Allowing the petition, the Court permitted the termination in the minor’s best interests, subject to safeguards. It directed that the procedure be performed by competent doctors in accordance with the MTP Act and applicable rules and guidelines.
The Medical Board was directed to maintain complete medical records, while the hospital was instructed to preserve foetal tissue for DNA testing in connection with the criminal case. The State must bear the expenses of the procedure, hospital stay and post-operative care.
The Court also directed that, if the child were born alive, the hospital and State authorities must provide medical support, including incubator care, and inform the concerned Child Welfare Committee. The minor survivor’s identity must remain strictly protected.
The Court concluded:
“Having regard to the facts and circumstance of the present case, and in light of the opinion of the Medical Board that the Petitioner, i.e., the minor victim, is medically fit to undergo the procedure for termination of pregnancy, the present Petition is allowed.”
The petition and any pending applications were disposed of in these terms.
Case Details
- Case Title: Minor V Through Grandmother M v. State of NCT of Delhi & Anr.
- Case Number: W.P. (CRL) 3348/2026
- Judge: Justice Harish Vaidyanathan Shankar
- Decision Date: October 24, 2026
