MP High Court Denies Termination Of Rape Survivor's 9-Month Pregnancy; Directs CWC To Take Custody Of Child After 15 Days

The Madhya Pradesh High Court has denied permission to terminate a 9-month pregnancy of a rape survivor, noting that the fetus is in a live condition and would endanger the life of the survivor. The court also directed the Child Welfare Committee to take custody of the child within 15 days of its birth and to take every care and caution for the upbringing of the child. The bench of Justice Vishal Mishra observed; "the termination of pregnancy will not be permissible and feasible taking note of the fact that age of the fetus is now almost 9 months and virtually, is in live condition and there is danger to the life of victim. In view of the medical report submitted by the Medical Board Satna as well as the statements of the victim and her father, this Court deems it appropriate to dispose of this writ petition, based upon the consent and willingness shown by the victim as well as her father, by directing the authorities of the C.W.C. Satna to take the custody of the child after 15 days from the date of his/her birth and to take every care and caution for upbringing the child". The suo motu case was initiated after a letter was forwarded to the Registrar General dated September 29, 2025. Following the guidelines passed by the High Court in the case of In Reference (Suo Motu), cognizance was taken and the matter was listed before the bench. The survivor was a minor aged 15 years when she was sexually assaulted and, during the medical examination, was found to be pregnant. For context, in the case of In Reference (Suo Motu), the court laid down standard procedures for termination of pregnancies up to 24 weeks and for pregnancies exceeding 24 weeks in cases concerning rape and sexual assault. These guidelines were passed in view of divergent decisions passed by the single judge benches at Indore concerning termination of pregnancies under the Medical Termination of Pregnancy Act. Per the report of CWC, the father and the survivor, in their statements, stated that since the fetus was 36 weeks old, they do not wish to terminate the pregnancy; however, they also do not wish to keep the child, if born alive. They agreed to hand the baby over to the State Government. The court noted; "From the above, it is clear that the victim as well as her father want to continue with the pregnancy as there is danger to the life of the victim, but they do not want to keep the child, if born alive". The court relied on the Supreme Court judgment in the case of A (Mother of X) Vs. State of Maharashtra, wherein it was held that the consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount. The court, taking note of the statements by the rape survivor and her father, observed that since the fetus was 9 months old, the termination of pregnancy would be impermissible. Therefore, the court directed the CWC to take custody of the child after its birth within 15 days. The court further directed; "The child will remain with the mother/victim for 15 days from date of birth. The C.W.C., Satna will be at liberty to give the child on adoption to any willing family or hand over the child to the State Government, in accordance with law". The case was disposed of. Case Title: Prosecutrix X v State of MP [WP-40010-2025]Citation: 2025 LiveLaw (MP) 220For State: Government Advocate Sumit Raghuwanshi Click here to read/download the Order

MP High Court Denies Termination Of Rape Survivor's 9-Month Pregnancy; Directs CWC To Take Custody Of Child After 15 Days

Jayanti Pahwa

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