- 1 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2671 OF 2026 (GM-RES) BETWEEN: MS X Name of the Petitioner is not disclosed as she was a minor at the time of incident and a victim of child sexual abuse. This non-disclosure is in accordance with the order of this Hon'ble Court dated 12.05.2020 in W.P.No.6763/2020 and the order of the Hon'ble Supreme Court in Nipun Saxena Vs. Union of India, (2019) 2 SCC 703. …PETITIONER (BY SRI. ROHAN KOTHARI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CHIKKABALAPURA WOMEN PS REPRESENTED THROUGH LD. HCGP HIGH COURT BUILDING, VIDHAN SOUDHA BANGALORE - 560 001 2. VANI VILAS WOMEN'S AND CHILDREN HOSPITAL VICTORIA HOSPITAL COMPOUND, SULTAN ROAD, KALASIPALAYA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 BANGALORE 560 002 3. KARNATAKA STATE LEGAL SERVICES AUTHORITY 1ST FLOOR, NYAYA DEGULA, H.SIDDAIAH ROAD BANGALORE 560 027 REPRESENTED BY ITS MEMBER SECRETARY …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO.2 TO IMMEDIATELY TAKE ALL NECESSARY STEPS TO MEDICALLY TERMINATE HER PREGNANCY FORTHWITH; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO. 2 PRESERVE THE TERMINATED FOETUS/PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA TESTING AND ANALYSIS; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO. 1 TO TAKE ALL NECESSARY STEPS FOR CONDUCTING RELEVANT FORENSIC TESTS AT THE STATE FORENSIC LABORATORY, MADIVALA, BANGALORE, OF THE TERMINATED FOETUS/PRODUCT OF CONCEPTION FOR THE PURPOSE OF INVESTIGATION AND TRIAL OF FIR BEARING CR. NO. 08/2026 REGISTERED BY RESPONDENT NO. 1 (PRODUCED AS ANNEXURE-B; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO. 3 TO DISBURSE A SUM OF RS. 3,00,000/- (RUPEES THREE LACS) TO THE PETITIONER AS COMPENSATION UNDER THE KARNATAKA VICTIM COMPENSATION SCHEME, 2011. - 3 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is by a victim of sexual assault, and she is in her second trimester of pregnancy. The petitioner seeks directions to the second respondent to constitute a Medical Board/Committee to examine her and opine on whether she is fit to undergo a procedure for medical termination of her pregnancy while seeking directions for release of the amount under the Karnataka Victim Compensation Scheme, 2011. Mr. Rohan Kothari, the learned counsel for the petitioner, submits that the petitioner is just over 18 years [that she was a minor at the time of the assault], and given the petitioner's station in life, she cannot - 4 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 provide for the child even if she successfully carries the pregnancy. Mr. Rohan Kothari, apart from the afore, the learned counsel relies upon a string of decisions to contend that a victim of sexual assault is entitled in law in exercise of her right to reproductive autonomy, privacy, and dignity to seek termination of pregnancy. Ms. Saritha Kulkarni, a learned Additional Government Advocate, who is called upon to accept notice for the first respondent, submits that upon the orders of this Court, the second respondent will evaluate the petitioner's condition and recommend an appropriate decision to protect the petitioner's rights in terms of the prescribed procedure. This Court in W.P.No.25408/2025 [GM-RES], which is disposed of on 22.08.2025, has observed as follows: - 5 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 "On the permissibility in law of medical termination of pregnancy beyond twenty-four weeks in case of minors when the Medical Board opines in favour of termination, this Court, without dilation, must refer to the recent decision of the High Court of Gujarat in XYZ v. State of Gujarat and another1. The High Court of Gujarat, to underscore the right of a woman [even a minor] to make a reproductive choice and the importance of mental health of the victim while deciding on the request by a minor rape victim for medical termination when into pregnancy beyond twenty-four weeks, has referred to the decisions of the Apex Court in [i] X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi2, (2023) 9 SCC 433, and [ii] A Mother of X v. The State of Maharashtra3." In the light of the afore, the following: ORDER [a] The petition is allowed directing the second respondent to forthwith constitute a Medical Board to 1 2024 SCC OnLine Guj 4042 2 (2023) 9 SCC 433 3 In Civil Appeal No. 5194 of 2024 - 6 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 examine the petitioner and make necessary recommendations. [b] In the event the Medical Board's opinion is for termination of pregnancy, the second respondent with whom the petitioner is admitted, shall take all measures for an early decision. [c] It is needless to observe that the fetus shall be preserved for the purposes of investigation as per the existing protocols. [d] The Karnataka State Legal Services Authority, upon receipt of a copy of this order, shall take measures, on scrutiny of all matters, to release a sum of Rs.3,00,000/- to the petitioner - 7 - HC-KAR NC: 2026:KHC:4953 WP No. 2671 of 2026 under the Karnataka Victim Compensation Scheme, 2011. SD/- (B M SHYAM PRASAD) JUDGE RB