Karnataka High Court lets minor Pocso victim end 29-week pregnancy, orders audit

The Karnataka High Court has allowed a minor girl—a sexual assault victim—to terminate her 29-week-old pregnancy and directed the state government to conduct an audit on whether minor victims of sexual assault are being provided immediate care, protection, counselling, rehabilitation, and access to statutory entitlements.

“Director, Department of Women and Child Development, shall undertake a state-wide compliance audit regarding the implementation of the directions issued by the court earlier to ensure timely intervention in cases involving minor victims of sexual assault resulting in pregnancy,” Justice Suraj Govindaraj said in a June 8 order.

The audit will examine whether mechanisms have been evolved in each district and the extent of compliance by the police department, child welfare committees, district child protection units, and other stakeholder departments.

The audit report will be submitted to the high court and will include details of the number of cases in which the prescribed protocol has been followed. If any deficiencies are noticed, they have to be placed on record within four weeks, the court directed.

On October 15, 2025, the court had issued a technology-oriented standard operating procedure (SOP), including a digital portal, to assist victims in cases registered under the Protection of Children from Sexual Offences (Pocso) Act until another SOP is framed.

‘Failed to discharge responsibilities’

The case involved the alleged repeated sexual assault of a 15-year-old girl staying in Chitradurga district for educational purposes. A First Information Report (FIR) in the case was filed on April 16.

However, the station house officer allegedly did not inform the district child protection unit, the child welfare committee, the Women and Child Development Department, or other authorities as required.

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The court also noted that even the district child welfare officer, who was aware of the incident, reportedly did not take steps to place the matter before the child welfare committee to assess the immediate needs of the minor, facilitate medical and psychological assistance, and advise the family regarding the legal remedies available to them.

“Had the authorities acted with the promptitude expected of them, the issue of medical termination of pregnancy could have been examined at a substantially earlier stage of gestation and the minor and her family would have been spared considerable uncertainty, distress and hardships,” the court said.

“The conduct of the concerned officers, if established, would amount not merely to a failure to comply with the directions issued by this court, but also a failure to discharge the statutory and institutional responsibilities cast upon them for the protection of child victims of sexual offences,” it added.

The bench also emphasised that the purpose of the child protection framework under the law is to ensure that a minor receives immediate support, guidance and access to medical, legal and rehabilitative measures. “Any lapse in the implementation of such safeguards has the potential to seriously prejudice the interests, welfare and future prospects of the child,” the bench noted.

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Medical board okays termination of pregnancy

The minor girl’s parents had approached the court as provisions of the Medical Termination of Pregnancy Act do not ordinarily permit termination of pregnancy beyond the statutory period of 24 weeks.

The court directed that a medical board be constituted at Vani Vilas Hospital to examine and assess the minor. The collective opinion of the board was that termination of pregnancy, at 29 weeks and six days, can be undertaken.

“The circumstances in which the pregnancy has arisen, the fact that the pregnancy is alleged to be the consequence of repeated sexual assault upon a minor, the expressed wish of the minor not to continue with the pregnancy, and the need to protect and facilitate her rights to bodily autonomy, dignity, privacy and reproductive choice, this court is of the considered opinion that the request made by the petitioners merits acceptance,” the bench said, allowing the petition.

Disciplinary action against officials

The court directed the director of the state Women and Child Development Department to conduct an inquiry into the matter and submit a report. The director should identify officers responsible for any act of omission, negligence, dereliction of duty or non-compliance with the directions of the court and indicate the specific nature of such lapse in the report, the bench said. “Upon such identification, the state government shall examine the matter and take appropriate disciplinary action in accordance with law,” it added.