Court’s decision
The Karnataka High Court delivered an extensive and protective ruling directing that the 13-year-old Petitioner be allowed immediate medical termination of pregnancy (MTP), relying on the unanimous opinion of the Medical Board that continuation would gravely harm her physical and psychological wellbeing. The Court recognised her right to bodily autonomy and held that forcing a child to continue a pregnancy resulting from rape would be contrary to her dignity, safety, and mental health. It issued a mandamus to the government hospital to conduct the termination, preserve the foetus for DNA analysis, facilitate forensic testing, and ensure that the State bears all medical, counselling, and recovery expenses.
The Court also directed the District Legal Services Authority to consider compensation under the Victim Compensation Scheme. Beyond the individual reliefs, the Court invoked its constitutional powers to frame an extensive interim Standard Operating Procedure (SOP) for all stakeholders dealing with minor victims of sexual offences until a formal State SOP is notified. This SOP introduces a Digital POCSO Portal, mandatory timelines, inter-agency coordination mechanisms, forensic and medical protocols, and comprehensive rehabilitation guidelines, giving this judgment significant systemic impact.
Facts
The Petitioner, a 13-year-old minor studying in Class 7, lived with her parents, younger sibling and an uncle in rented accommodation at Bidaluru. The uncle introduced his friend to the family, claiming he had no one to care for him, leading to his residence in their household. The Petitioner was subjected to forcible sexual intercourse and threats, preventing disclosure. The pregnancy was detected only during medical examination, after which a case was registered under POCSO and relevant provisions of the Bharatiya Nyaya Sanhita. The Petitioner approached the High Court seeking MTP, preservation of foetus for DNA testing, financial assistance, and compensation.
Issues
The principal issues before the Court were:
- Whether a 13-year-old rape survivor is entitled to judicial permission for termination of pregnancy in light of the Medical Board’s findings.
- Whether the State is obligated to bear the medical and associated expenses for the minor.
- Whether directions for DNA preservation and testing are permissible to assist the ongoing criminal investigation.
- Whether the Court can frame general guidelines or an SOP for handling cases involving minor victims of sexual offences.
Petitioner’s arguments
The Petitioner’s counsel argued that continuation of the pregnancy would cause severe trauma to the minor, who was neither physically nor mentally capable of carrying or raising a child. It was contended that her socio-economic background made continued pregnancy impossible for the family, particularly as she would lose access to education and suffer social stigma. The counsel emphasised that the pregnancy arose from non-consensual sexual assault, making coercion to continue it an infringement of bodily autonomy and personal dignity. The Petitioner asserted that termination was medically necessary and that the foetus must be preserved for DNA analysis to assist the investigation.
Respondent’s arguments
The Respondents presented the Medical Board’s report, which unanimously opined that MTP could be safely performed. The State did not oppose the termination and accepted the need for preservation of foetal material to aid the criminal case. It provided detailed submissions regarding the standard procedure followed in such cases and acknowledged the Court’s concerns regarding recurring instances where minor victims approached the High Court after statutory periods had lapsed due to lack of guidance by authorities. The Respondents supported the formulation of a unified SOP to eliminate delay and ensure timely access to medical and legal remedies for minors.
Analysis of the law
The Court analysed the Medical Termination of Pregnancy Act, 1971 as amended, which allows termination up to 24 weeks for survivors of sexual assault. The Court emphasised that the MTP Act gives primacy to the minor’s health and bodily integrity. It harmonised this framework with the POCSO Act, the JJ Act, and the constitutional mandate to protect the dignity and welfare of children. Stressing the principle of “best interest of the child,” the Court held that termination was medically and legally justified. It recognised the necessity of DNA preservation under investigative obligations of the BNSS and reinforced the requirement for State-funded medical and psychological care in cases involving child victims of sexual offences.
Precedent analysis
The Court’s reasoning aligns with established jurisprudence from constitutional courts emphasising bodily autonomy and reproductive rights, particularly in cases involving minors and survivors of sexual assault. The judgment relies on the principle that consent is irrelevant in cases involving sexual offences against minors and that continuation of pregnancy in such circumstances violates constitutional protections under Articles 21 and 15. It also refers to past directions regarding non-disclosure of minor victims’ identities and the duty of authorities to act promptly upon detection of pregnancy in child victims.
Court’s reasoning
The Court found that compelling a 13-year-old to continue a pregnancy resulting from rape would cause irreversible psychological damage and deprive her of normal childhood development, education, and physical security. The Medical Board confirmed the safety and necessity of MTP, making judicial approval obligatory. The Court highlighted recurring delays in similar cases and noted systemic failures where authorities failed to inform families of their right to seek timely termination. To remedy this, it exercised supervisory jurisdiction to formulate a comprehensive SOP addressing reporting, medical examination, psychological care, forensic procedures, judicial timelines, confidentiality, and rehabilitation. The SOP, spanning multiple statutory frameworks, is designed to create an integrated digital and institutional response for all minor victims.
Conclusion
The Court allowed the petition in full, permitting immediate termination of pregnancy and directing the hospital to preserve the foetus for DNA testing. It ordered the State to bear all medical expenses and directed the Legal Services Authority to evaluate compensation under the Victim Compensation Scheme. It also mandated that DNA testing be completed by the concerned authorities. Importantly, the matter was listed for further monitoring of compliance with the general directions regarding the SOP. The judgment reflects an expansive approach, balancing individual relief with systemic reform to safeguard minor victims of sexual offences.
Implications
This decision has wide-ranging impact beyond the individual Petitioner. The SOP operationalises a technologically driven, time-bound, victim-centric system that integrates police, medical authorities, CWCs, DLSAs, and courts. It mandates strict timelines, confidentiality safeguards, forensic protocols, psychological support, and rehabilitation frameworks for minor victims. The Digital POCSO Portal ensures real-time monitoring, preventing delays that previously forced victims to approach courts urgently. For future cases, it provides a uniform roadmap for authorities, ensuring that minor survivors of sexual violence receive immediate access to MTP, medical care, compensation, witness protection, and long-term rehabilitation.