No Court Order Needed For 24-Week Termination, Says Madhya Pradesh High Court

The Madhya Pradesh High Court's Indore Bench has recently dismissed a minor's plea seeking judicial permission to terminate her roughly 24-week pregnancy, holding that no court intervention was required in the matter since the situation was already covered by an earlier ruling of a Division Bench of the same court.

Justice Sandeep N. Bhatt, hearing the writ petition titled X Minor v. The State of Madhya Pradesh and Others, relied entirely on the observations made by the Division Bench in In Reference (suo motu) versus State of Madhya Pradesh and Others in Writ Petition No. 5184 of 2025, decided on February 20, 2025.

Referring specifically to paragraphs 4, 5(b), 8, 9, 11 and 13(a) of that earlier judgment, the Court noted that where a pregnancy is around 24 weeks, Sections 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 already permit termination without the need for the victim to approach a court each time.

The Court relied on Para 11 of the Division Bench order which states as follows:

"In view of aforementioned legal provisions, this Court is of the considered opinion that in case of survivors of sexual assault or rape or incest, the pregnancy upto 20 weeks may be terminated by a registered medical practitioner and where the pregnancy exceeds 20 weeks but does not exceed 24 weeks, by two registered medical practitioners in accordance with the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 and rules framed thereunder without taking resort to judicial proceedings before the High Court under Article 226 of the Constitution of India. It is also relevant to mention herein that Rule 6(3) of the Protection of Children from Sexual Offences Rules, 2020 also enjoins upon the medical practitioner, hospital or other medical facility center rendering emergency medical care to a child not to demand any legal or magisterial requisition or other documentation as a pre-requisite to rendering such care."

"In view of the observations made by the Division Bench of this Court... where the pregnancy of the victim is about 24 weeks, in view of section 3(2)(a) and 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, the judicial proceedings are not required," the order stated.

The Court directed that "the concerned respondent/Authority may take note of this," and went a step further by asking the health administration to ensure the earlier ruling reaches every hospital that may encounter similar cases in the future. "The Commissioner, Health Department may also communicate the aforesaid order passed by the Division Bench to all the concerned hospitals more particularly the Government Hospitals, so that they can also take care of the situation in future," the Court said.

Concluding that the petition itself had become unnecessary, the Court held, "With the above directions, since no intervention is required in the matter, present petition is dismissed."

The petitioner was represented before the Court by advocates Shraddha Garg and Ashish Choubey, while the State was represented by Government Advocate Vijay Nagpal.

Case Title: X Minor vs. The State of Madhya Pradesh and Others

Date of Order: August 11, 2026

Bench: Justice Sandeep N. Bhatt