1 WP5142-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5142/2026 (KU. XYZ, STUDENT, THROUGH HER FATHER VINAKAR MAROTYRAO NEWARE VERSUS STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY, PUBLIC HEALTH SERVICES, MUMBAI & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Ms. S.H. Bhatia, counsel for the petitioner. Shri H.D. Marathe, Assistant Government Pleader for the respondents. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. D ATE : JULY 07, 2026 . P. C. Heard Ms. S.H. Bhatia, learned counsel for the petitioner and Shri H.D. Marathe, learned Assistant Government Pleader for the respondents-State. 2. The petitioner, who is a minor girl aged about 16 years and 8 months, has approached this Court through her father Shri Vinakar/ Vinod Marotrao Neware, thereby seeking approval of this Court for termination of her unwanted pregnancy of 27 weeks. 3. Ms S.H. Bhatia, learned counsel for the petitioner submits that the petitioner is a student studying in 12th standard. She is dependent upon her father and belongs to a financially poor family. The petitioner is a victim of the offence of rape and sexual abuse by one Khushal Kishanrao Waghade. The petitioner had approached Police Station Mangrul Dastgir, Amravati (Rural) for lodging complaint against the aforesaid accused Khushal on the basis of which Police Station Mangrul Dastgir has registered First Information Report no.0210 of 2026 on 02.07.2026 for the offence punishable under Section 64(2)(m) and Section 351(2) of the Bhartiya Nyaya Samhita, 2026:BHC-NAG:8536-DB 2 WP5142-26.odt 2023 read with Sections 4 and 6 of the Protection of Children from the Sexual Offences Act, 2012. The aforesaid First Information Report is at Record Page No.10, Annexure-A. As a result of the aforesaid offence committed by accused Khushal, the petitioner has conceived and is carrying pregnancy of 27 weeks. The petitioner, who is suffering anguish is further made to suffer such anguish because of the pregnancy conceived and thus seeks leave of this Court to terminate such unwanted pregnancy. 4. On 06.07.2026, this Court had passed the following order:- “1. Heard the learned counsel for the petitioner. 2. The petitioner, who is aged about 16 years and 8 months girl and a victim of rape, has approached this Court, seeking directions to the respondents to terminate her pregnancy, which is about 27 weeks old. 3. In view of above, issue notice to the respondents, returnable on 07.07.2026 at 2.30 p.m. 4. The learned AGP waives service of notice for the respondent/State. 5. Office objections(s), if any, shall be removed before the next date. 6. Considering the allegations set out in the First 6. Information Report and having regard to the age of the child, we deem it appropriate to refer the present petitioner to the Medical Board duly constituted under the Medical Termination of Pregnancy Act, 1971, at respondent No.2-District Government General Hospital, Irwin Hospital, Amravati, through its Dean/Medical Officer. 7. The said Medical Board shall examine the petitioner and submit its report to this Court by tomorrow before 2:30 p.m., specifically indicating the present health condition of the petitioner and her medical suitability for undergoing the proposed medical termination of pregnancy procedure. 3 WP5142-26.odt 8. The respondent No.2-District Government General Hospital, Irwin Hospital, Amravati, through its Dean/Medical Officer, where the petitioner is presently admitted, is directed to examine the petitioner by the duly constituted Medical Board. 9. The learned AGP undertakes to communicate this order to the respondents. 10. An authenticated copy of this order be given to the parties.” 5. In compliance of the aforesaid order dated 06.07.2026, the Medical Board comprising of seven expert Doctors examined the petitioner and submitted its report on 07.07.2026. The aforesaid report is taken on record and marked ‘X’ for identification. 6. A perusal of the aforesaid report reveals that the Medical Board has observed that the petitioner can undergo the ‘Medical Termination of Pregnancy Procedure’ with due moderate risk, Blood product (fresh WB/PCV) to be kept reserved during procedure & post op. Care. The relevant paragraph of the aforesaid report reads thus:- “सदर तमा त वैकीय तपासणी मे पीतेची by USG २४ Weeks ३ days and By Dates २८ weeks ची ग धारणा असून वैकीय !"#त नुसार सदर पीता शारी&रक व मानसक'()ा स*म अस+ाचे नदश नास आले. तसेच Patient Cardiopulmonary status is optimum. She can undergo MTP procedure with due moderate risk, Blood product (fresh WB/ PCV) to be kept reserved during procedure & post op Care, या .माणे अहवाल दे0ात येत आहे” 4 WP5142-26.odt 7. In view of the aforesaid report submitted by the competent Medical Board and in view of the fact that the Explanation 2 of Section 3(2) of the Medical Termination of Pregnancy Act, 1971 provides for termination of pregnancy by the pregnant woman who is a victim of rape since the anguish caused by the pregnancy shall be presumed to cause grave injury to the mental health of the pregnant woman, we are of the considered opinion that the present petition needs to be allowed and hence the following order is passed:- I. The writ petition is allowed. II. We approve the termination of the unwanted pregnancy of 27 weeks of the petitioner immediately in compliance with the provisions of the Medical Termination of Pregnancy Act, 1971. III. The aforesaid procedure shall be carried out after following the due precautions as mentioned by the Medical Board in the report dated 07.07.2026 and after recording consent of the father of the petitioner. 8. The writ petition is accordingly disposed of. 9. Authenticated copy of the order be supplied to the learned counsel for the parties. 10. Fees of the Appointed counsel for the petitioner be paid as per the Rules. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) APTE