- 1 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109002 OF 2025 (GM-RES) BETWEEN: SMT. SUNITA W/O MADIVALAPPA TORAGAL, AGE. 31 YEARS, OCC. COOK, R/O. MALAPUR AKKI ONI, DHARWAD-580 008. … PETITIONER (BY SRI. AL HUSSAIN SHALIBAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BENGALURU-01. 2. THE DISTRICT SURGEON, DISTRICT HOSPITAL, DHARWAD, DIST. DHARWAD-580 001. 3. THE DIRECTOR, KARNATAKA MEDICAL COLLEGE AND RESEARCH INSTITUTE, VIDYANAGAR, P.B. ROAD, HUBBALLI-580 021. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 4. THE PRESIDENT, CHILD WELFARE COMMITTEE, C/O. CHILDRENS HOME FOR GIRLS, BEHIND BENDIGERI, POLICE STATION, GANTIKERI, HUBBALLI, DIST. DHARWAD-580 028. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS PERMITTING THE PETITIONER TO TERMINATE THE ONGOING PREGNANCY OF HER MINOR DAUGHTER THROUGH RESPONDENT NO.2 OR RESPONDENT NO.3 OR BY THE REGISTERED MEDICAL PRACTITIONER ANY APPROVED PRIVATE OR GOVERNMENT CENTER OR HOSPITAL IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSTITUTE A COMMITTEE FOR MEDICAL TERMINATION OF PREGNANCY OF THE MINOR DAUGHTER OF THE PETITIONER (VICTIM GIRL) IN ACCORDANCE WITH MEDICAL TERMINATION OF PREGNANCY ACT, 1971 AND ENSURE THE MEDICAL TERMINATION OF PREGNANCY OF THE VICTIM GIRL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed seeking writ of mandamus to direct the respondents no.2 and 3 or a Registered Medical Practitioner approved by the Government to terminate the ongoing pregnancy of petitioner’s minor daughter. 2. It is not in dispute that the petitioner is the mother of a victim of sexual assault. The minor is aged 14 years. Considering the plea made and considering the materials on record, the predecessor of this Court vide order dated 26.11.2025 had directed the District Surgeon of Karnataka Institute of Medical Science, Hubballi to examine the victim and to submit the report. 3. learned Government Advocate has placed on record the report submitted by the District Medical Board comprising of Professor of HoD of Obstetrics and Gynecology, Karnataka Medical College and Research Institute, Hubballi, Professor and HoD Pediatrics, Karnataka Medical College Research Institute, Hubballi and Professor Department of - 4 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 Anesthesiology, Karnataka Medical College and Research Institute, Hubballi and the Associate Professor of Department of Psychiatry, Karnataka Medical College and Research Institute, Hubballi. The report is also counter signed by Medical Superintendent of Karnataka Medical College and Research Institute, Hubballi. The court has gone through the said report. The opinion reads as under:- “Based on the multidisciplinary evaluation, the patient is declared medically and mentally fit to undergo Medical Termination of Pregnancy at 25 weeks and 4 days, after correction of anemia under judicial directive and institutional supervision.” 4. Learned HCGP would also refer to the judgment of the Co-ordinate bench of this Court in W.P. No.107622/2025 where the Court permitted Medical Termination of Pregnancy of a 14 year old victim whose pregnancy was assessed at 24 weeks and 3 days on the date of medical examination. 5. After considering the medical report submitted by the competent Medical Board the Court is of the view that the petitioner’s request to terminate the pregnancy of her minor - 5 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 daughter is to be permitted keeping in mind the safety of the victim and the possibility of abnormal child which maybe eventually born in case the pregnancy is not terminated. Hence, the following:- Order (i) Writ petition is allowed. (ii) Writ of mandamus is issued to the 3rd respondent, Karnataka Medical College and Research Institute, Vidyanagar to carry out the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971 at the earliest at its hospital at the cost of the state. (iii) The procedure is subject to further examination by 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 - 6 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 daughter of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure. (iv) Neither the petitioner nor the petitioner’s daughter are liable to make any payment towards cost of the medical procedure. (v) 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. (vi) 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 - 7 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 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. (vii) If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available. (viii) If the petitioner’s daughter and the petitioner are not willing to assume the responsibility of the baby, the State and its 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. - 8 - HC-KAR NC: 2025:KHC-D:16760 WP No. 109002 of 2025 (ix) Official respondents shall file status report in two weeks. (x) A copy of this order shall be furnished to learned additional government Advocate, forthwith. (xi) If any compensation is payable in favour of the victim under any provision of law issued by the State, same shall be paid. (xii) Registry shall communicate this order to the Hospital – Medical Superintendent, Karnataka Medical College Research Institute, Hubballi, forthwith, by way of electronic mail. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 38 SL NO.: 10