- 1 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104389 OF 2025 (GM-RES) BETWEEN: MS. X, AGED ABOUT: 15 YEARS 4 MONTHS, MINOR REPRESENTED BY HER MOTHER: NIRMALA B. HARIJAN, W/O. BASAPPA HARIJAN, AGED ABOUT 33 YEARS, OCC: LABOUR, R/O. HIREMANAKATTI, DISTRICT: HAVERI-581205. …PETITIONER (BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGLORE-560001. 2. K.I.M.S. HOSPITAL HUBBALLI, REPRESENTED BY THE MEDICAL SUPERINTENDENT KIMS, HUBBALLI-580022. 3. K.I.M.S. HOSPITAL HUBBALLI, DEPARTMENT OF OBSTETRICS AND GYNECOLOGY, KIMS, HUBBALLI, REPRESENTED BY ITS DIRECTOR/HOD KIMS, HUBBALLI-580022. 4. STATE OF KARNATAKA, HULAGUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HAVERI-581126. 5. DISTRICT LEGAL SERVICES AUTHORITY, REPRESENTED BY ITS CHAIRMAN/MEMBER SECRETARY DISTRICT COURT COMPLEX, HAVERI-581110. VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.14 12:38:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 6. DISTRICT CHILD PROTECTION OFFICER, HAVERI, DISTRICT CHILD PROTECTION OFFICER, DISTRICT CHILD PROTECTION UNIT, VIDYA NAGAR EAST, P.W.D. QUARTERS, OPPOSITE SHREE ANJANEYYA TEMPLE, HAVERI, DIST: HAVERI-581110. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1, R4, R5 & R6; SRI. ARAVIND KULKARNI, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE AN APPROPRIATE WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 AND RESPONDENT NO.3 TO ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY. 2. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING OR RESPONDENT NO.2 AND 3 HOSPITAL, TO PRESERVE THE TERMINATED FOETUS/PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA TESTING AND ANALYSIS. 3. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.4 INVESTIGATING OFFICER, POLICE STATION, HULAGUR, HAVERI BEING RESPONDENT NO.4, TO TAKE ANY AND ALL STEPS TO CONDUCT DNA TESTS. 4. DIRECT THE RESPONDENT NO.5, DISTRICT LEGAL SERVICES AUTHORITY, HAVERI TO DISBURSE AT SUM OF RUPEES THREE LAKHS ONLY TO THE PETITIONER UNDER THE KARNATAKA VICTIM COMPENSATION SCHEME. 5. DIRECT THE RESPONDENT NO.6, SUM OF RUPEES SEVENTY FIVE THOUSAND ONLY AND/OR ANY OTHER FURTHER AMOUNTS TO THE PETITIONER IN ORDER FOR HER TO MEET THE EXPENSES OF MEDICAL TREATMENTS, COUNSELING SERVICES, AND ANY OTHER MEDICAL CARE AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This is an unfortunate case of 15 years 4 months old young female child, who is represented by her mother and is before this Court seeking permission for Medical Termination of Pregnancy (MTP) and it is a spine chilling and heart wrenching tale of 15 years old girl. Petitioner was taken to the KIMS Hospital, Hubballi, by her mother, complaining about the irregular menstrual cycle of her minor daughter, during which time shockingly she came to know about the pregnancy of her minor daughter. The mother of the petitioner lodged a complaint before the Hulgur Police Station in Crime No.0044/2025 against the accused for the offences punishable under Sections 4, 6 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Sections 64(2)(f) and 64((2)(m) of BNS. Pursuant to clinical check up and treatment, it was revealed to the mother of the petitioner that her - 4 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 minor daughter (victim girl-X) is 24 weeks and 2 days of pregnant gestation. 2. In view of unforeseen, unwanted pregnancy the minor girl is not willing to beget the child at this stage and considering her age and health condition, this petition is filed seeking permission of this Court to abort the feotus by way of Medical Termination of Pregnancy (MTP). The victim minor girl (X) comes from a lower socio-economic class background and she has no means to support herself and is dependant on her parents and her parents do not want their daughter to beget the child which is forced on her, without consent of the petitioner, inflicted on the young school going child. 3. Learned counsel for the petitioner has relied on the Judgment of this Court in identical case in Writ Petition No.105785/2024 (GM-RES), wherein, in a similar situation, this Court had permitted the Medical Termination of Pregnancy (MTP). Learned counsel for the - 5 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 petitioner has also relied on the Judgment rendered by the Hon’ble Apex Court in the case of Meera Santosh Pal and Others vs. Union of India and Others, reported in (2017) 3 SCC 462, wherein it is held in the report of the Medical Board that, continuing pregnancy will cause more mental anguish, more pain and agony. Hence, the present petition is filed. 4. This Court upon hearing the petitioner, vide order dated 07.07.2025 directed respondent Nos.2 and 3 to constitute a Medical Board of responsible doctors for considering the case of the minor child of 15 years 4 months old for undergoing medical termination of pregnancy and furnish report accordingly. In compliance of the said order passed by this Court, learned counsel for respondent Nos.2 and 3 filed a memo along with the report of the Medical Board, whereby the Medical Board has certified the petitioner minor victim girl (X) to be fit to undergo Medical Termination of Pregnancy (MTP) by its report dated 08.07.2025. - 6 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 5. Having considered the said report, this Court is of the opinion that, in the interest of the minor victim girl, her health, future and the condition in which the petitioner minor victim girl is living, it would be better to accept the Medical Board’s report and to permit the minor victim girl (X) to undergo Medical Termination of Pregnancy (MTP). 6. Under the circumstances, taking all these facts into consideration and the medical report furnished by the Medical Board, this Court accepts the argument put forth by the learned counsel for the petitioner for granting permission to the petitioner to get the Medical Termination of Pregnancy (MTP) of his minor child aged 15 years 4 months. Accordingly, I pass the following: ORDER i. Writ Petition is allowed. ii. Petitioner minor girl-X is permitted to undergo Medical Termination of Pregnancy (MTP) through respondent No.3. - 7 - HC-KAR NC: 2025:KHC-D:8502 WP No. 104389 of 2025 iii. Respondent No.3 is directed to conduct Medical Termination of Pregnancy (MTP) of the petitioner minor girl-X, as per report submitted by the Medical Board dated 08.07.2025, in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971. iv. Further, upon termination of pregnancy, respondent No.3 shall ensure that the foetus/abortus is preserved for DNA test, if terminated. v. Copy of this order shall be furnished to the petitioner and respondents forthwith for immediate and suitable action. vi. The respondents shall conduct the Medical Termination of Pregnancy (MTP) as early as possible and the report shall be filed thereafter before this Court. vii. It is needless to mention that, proper and suitable medical care and attention shall be given to the petitioner minor girl-X, while performing the MTP. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 77