Constitutional Right to Bodily Autonomy Overrides Statutory Time Limits: Delhi High Court Permits Medical Termination of Pregnancy of 15-Year-Old Rape Victim Beyond 24 Weeks

1. Case Snapshot

Case Name: Minor R (Thr. Her Father R) vs State NCT Of Delhi And Anr

Citation: W.P.(CRL) 1804/2026

High Court: High Court of Delhi

Bench: Hon'ble Ms. Justice Mini Pushkarna (Vacation Judge)

Date of Decision: 24th June, 2026

Area of Law: Constitutional Law, Medical Termination of Pregnancy, Reproductive Rights, Victim Rights, Minors' Rights

2. Judgment in Brief

The Delhi High Court allowed the petition of a 15-year-old minor girl, a victim of rape, seeking medical termination of her pregnancy at approximately 26-28 weeks gestational period. The Court held that the right to make decisions concerning one's body, particularly in matters of reproduction, is an integral facet of personal liberty and privacy under Article 21 of the Constitution. This right cannot be rendered ineffective by imposing unreasonable statutory restrictions. Relying on the opinion of the Medical Board of AIIMS, New Delhi, which recommended termination due to the adverse psychological impact on the minor, the Court permitted the procedure. The Court cited Supreme Court precedents, including A (Mother of X) v. State of Maharashtra (permitting termination beyond 30 weeks) and Venkatalakshmi v. State of Karnataka (permitting termination at 26 weeks), and held that lack of a statutory remedy under the MTP Act does not bar constitutional relief. The Court directed AIIMS to perform the procedure, preserve foetal tissue for DNA testing, and directed the State to bear all expenses.

3. Relevant Facts

The Petitioner

• The petitioner is a 15-year-old minor girl, a victim of rape.

• The petition was filed through her father.

• The pregnancy was at approximately 26-28 weeks gestational period.

• The petitioner and her father wished to terminate the pregnancy as continuation would result in grave mental injury to the minor.

Medical Board Report

• The Medical Board of AIIMS, New Delhi conducted a thorough clinical assessment on 19th June 2026, including obstetric ultrasound, psychiatric and psychological evaluation.

• The Medical Board opined that termination of pregnancy can be allowed as continuation was likely to have adverse psychological impact on the minor.

• The petitioner was declared medically fit to undergo the procedure.

Statutory Framework

• The Medical Termination of Pregnancy (MTP) Act does not provide for termination of pregnancy beyond 24 weeks, except in cases of substantial fetal abnormality.

• The petitioner approached the High Court invoking its extraordinary constitutional jurisdiction.

State's Position

• The Government of NCT of Delhi had no objection to the termination in view of the clear report by AIIMS.

• AIIMS did not appear when the matter was called.

4. Issues for Determination

... Upgrade to a Premium Plan to view the full judgment.