Court cites harm to health, 14-year-old rape survivor allowed to terminate pregnancy

3 min readNew DelhiJul 9, 2026 01:53 PM IST

The court held that continuation of pregnancy would cause mental and physical harm to the daughter. (AI Generated Image)

Underscoring the potential harm to the mental and physical health of a 14-year-old rape survivor, the Madras High Court recently allowed her to medically terminate a 28-week pregnancy, resulting from a sexual assault.

Justice Mohammed Shaffiq was hearing a plea filed by the teen survivor’s mother. According to the plea, a relative had assaulted the girl, resulting in the pregnancy. It came on record that the girl was 28.1 weeks pregnant.

“Petitioner and her child have unequivocally expressed their consent and desire to terminate the pregnancy. Despite her continued hospitalisation and request to terminate the pregnancy, the second respondent hospital has not, to date, constituted the requisite Medical Board for evaluating the request for medical termination of pregnancy. Being a 14-year-old child and a survivor of sexual assault, the continuation of the pregnancy would cause grave and irreparable harm to her physical and mental health and violate her rights under Article 21 of the Constitution of India,” the July 7 order read.

Justice Mohammed Shaffiq directed the hospital to perform the medical termination of pregnancy, subject to health evaluation by the medical board.

The daughter was admitted to the hospital, where she continued as an in-patient; however, the FIR came to be registered only on July 2, 2026, and the matter was forwarded to the Child Welfare Committee. A centre for the prevention and healing of child sexual abuse was appointed as a “support person” by an order of the special court under the POCSO Act.

The court noted that despite the consent and desire of the mother and the daughter to terminate the pregnancy and the continued hospitalisation of the daughter, the hospital had not, to date, constituted the required medical board for evaluation of the request for medical termination of pregnancy. The high court was of the perspective that, being a 14-year-old child and a survivor of sexual assault, the continuation of the pregnancy would cause “grave and irreparable” harm to her physical and mental health.

The daughter was permitted by the high court to terminate her pregnancy as and when the medical board certified that her health allowed the procedure to be performed. The hospital was directed to ensure that the examination is made at once by the medical board.

Subject to health

Advocate JV Sakthi Baalakrishnan, appearing for the State, submitted that a medical board had since been constituted and evaluation of the medical health of the daughter was being conducted; and subject to clearance by the board, the daughter would be permitted to terminate her pregnancy.

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Advocate Deepika Murali, representing the daughter, urged that under similar circumstances, the high court had permitted termination of pregnancy of a 30-week pregnant minor girl and prayed that the same directions may be issued for the daughter.