- 1 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107622 OF 2025 (GM-RES) BETWEEN: xxxxxx, OCC. HOUSE HOLD, R/O. WARD NO.1, KEREKATTI AREA, HALE MALAPANA GUDI VILLAGE, TQ. HOSPET, DIST. VIJAYANAGAR – 583 239. …PETITIONER (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPT. OF HEALTH AND FAMILY WELFARE M.S.BUILDING, BANGALORE-01. 2. THE DISTRICT SURGEON, DISTRICT HOSPITAL, VIJAYANAGAR, DIST. VIJAYANAGAR – 583 239. 3. THE WOMEN MEDICAL OFFICER, (IN CHARGE) MOTHER AND CHILD (60 BEDS) HOSPITAL NEAR MAIN MASJEED HOSAPETE, TQ. HOSAPETE, DIST: VIJAYANAGAR – 583 201. 4. THE PRESIDENT, CHILD WELFARE COMMITTEE, C/O. CHILDRENS HOME FOR BOYS BEHIND NCC GROUND, CANTONMENT, BALLARI, DIST. BALLARI – 583 239. …RESPONDENTS (BY SRI. V.S.KALASURMAHT, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS PERMITTING THE PETITIONER TERMINATE ONGOING PREGNANCY OF HER MINOR DAUGHTER THROUGH RESPONDENT NO.2 OR BY A REGISTERED MEDICAL PRACTITIONER Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 ANY APPROVED PRIVATE OR GOVERNMENT CENTER OR HOSPITAL IN THE INTEREST OF JUSTICE AND EQUITY. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSTITUTE A COMMITTEE FOR MEDICAL TERMINATION OF PREGNANCY OF PETITIONER DAUGHTER (VICTIM GIRL) IN ACCORDANCE WITH MTP ACT 1971 AND ENSURE MTP OF VICTIM GIRL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner, mother of the victim is before this Court seeking the following prayer: A. To issue writ in the nature of mandamus permitting the petitioner terminate ongoing pregnancy of her minor daughter through Respondent no.2 or by a registered medical practitioner any approved private or government center or hospital in the interest of justice and equity. B. To issue writ in the nature of Mandamus directing the Respondent no.2 to constitute a committee for medical termination of pregnancy of petitioner daughter (victim girl) in accordance with MTP Act 1971 and ensure MTP of victim girl in the interest of justice and equity. C. Issue any other writ or direction as this Hon’ble Court may deem fit in the interest of justice and equity. 2. Heard Sri Raghavendra A. Purohit, learned counsel for the petitioner and Sri.V.S.Kalasurmath, learned Additional Government Advocate for the respondents – State. - 3 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 3. The facts in brief, are as follows: The daughter of the petitioner aged 14 years at the relevant point in time, is a victim of rape at the hands of the accused in Crime No.212/2025 for offences punishable under Sections 64(2)(i), 64(2)(m), 65(1) of the BNS 2023 and Sections 4(2), 5(l), 5(p) & 6 of the Protection of Children from Sexual Offences Act, 2012. Since the victim did not have her regular menstrual cycle, the mother of the victim took the victim to the doctor for medical examination. At the hospital, after the examination, the mother of the victim got to know that the victim was pregnant of 22 weeks as on 10.10.2025. The petitioner – victim then files a complaint before the jurisdictional police in Crime No.212/2025 on 10.10.2025, for the afore- quoted offences. 4. On the registration of the complaint, the police referred the petitioner to the Government Medical Hospital, Mysuru for examination on 10.10.2025, wherein it was opined that the petitioner was pregnant of 24 weeks. The petitioner states that at this point in time, she had requested the State to conduct a medical termination of pregnancy. Since the gestation period of - 4 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 pregnancy of the victim is beyond 24 weeks, as on the date of the report and the termination is in violation of Medical Termination of Pregnancy Act, 1971 (for short ‘the Act’), the mother of the victim is before this Court seeking a direction to the Medical Board, Vijayanagar, for termination of pregnancy, in the subject petition. 5. This Court vide order dated 15.10.2025, in view of the impending urgency referred the daughter of the petitioner – victim girl for medical examination before the District Surgeon, Vijayanagar Medical Institute of Science, Hospete, Vijayanagara and directed them to constitute a Medical Board of Gynecologist, Pediatrician and all necessary experts, who shall examine the daughter of the petitioner on 16.10.2025 and render an opinion as to the fitness of the victim to undergo medical termination of pregnancy and also on the condition of the foetus. The report reads as follows: - 5 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 (Emphasis added) The afore-quoted opinion of the Medical Board indicates that the daughter of the petitioner can undergo the procedure for termination of pregnancy with necessary precautions during the - 6 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 procedure for termination with psychological support. It would become necessary for a direction to be issued to the Hospital to undertake termination of pregnancy. 6. For the aforesaid reasons, the following: ORDER 1. The writ petition is allowed. 2. Mandamus issues to the Medical Superintendent, Government General Hospital, Hospet, Vijayanagara District, through the respondents - State to carryout the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State. 3. The procedure is subject to further examination of the Doctor, who has to conduct such a procedure and if in the opinion of the Doctor, such a procedure would cause harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure; 4. The daughter of the petitioner shall not be liable to make payment of any amounts towards such procedure. - 7 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 5. In the event of the Doctor being of the opinion that the procedure for medical termination of pregnancy has to be carried out and is in fact carried out, the foetus shall be preserved by the Hospital in such a manner as to facilitate DNA testing of the foetus. The said Hospital is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory. 6. The jurisdictional police shall make necessary arrangements as may be necessary to facilitate the transport of the victim girl and her immediate family members/attendants to the said Hospital for treatment and after such treatment for their transport back to their residence. In the event of any follow-up treatment being required and as advised by the treating doctor, shall arrange for such transport at such times as advised and/or as directed by the Doctor, the same being carried out at the cost of the State. 7. If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child. 8. If the petitioner is not willing to assume the responsibility of the baby, the State and its - 8 - HC-KAR NC: 2025:KHC-D:14138 WP No. 107622 of 2025 agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015.Official respondents shall file status report in two weeks. 9. Respondent No.1 – State shall pay the compensation to the victim girl in terms of the Government Order No.HD 42 PCB 2018, dated 25.09.2018 10. Official respondents shall file status report in two weeks. 11. A copy of this order shall be furnished to learned Additional Government Advocate, forthwith. 10. Registry shall communicate this order to the Hospital – Medical Superintendent, Government General Hospital, Hospet, Vijayanagara District, forthwith, by way of electronic mail. SD/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 99