High Court cites fetal viability, medical risk to minor; directs Madhya Pradesh government to ensure treatment, delivery and child-care

The Madhya Pradesh High Court on Tuesday declined to permit termination of pregnancy for a 16-year-old girl who is 31 weeks pregnant after an alleged rape, saying the foetus has reached a stage of development where abortion would be equivalent to ending a life. The court also recorded medical findings that a termination now could pose a serious risk to the minor’s life, and directed the state government to take responsibility for her treatment, delivery and the child’s care.

Court rejects petition

A vacation bench of Justice Vivek Jain rejected the plea filed on behalf of the juvenile, which sought permission for termination. According to the order made available in the courtroom, the bench noted that the pregnancy had crossed the statutory 24-week limit and that medical reports before the court showed the foetus to be alive and well. “In the facts placed before us, we are unable to conclude that the case falls within the narrow exceptions recognised by law,” the court said, referring to the limited grounds for termination after 24 weeks.

Medical report and risks

During hearing, the specialist medical board from Mandla District Hospital submitted a report stating the girl is 31 weeks pregnant and has a haemoglobin level of 7.5 g/dL, indicating severe anaemia. The committee’s assessment, placed on record, said the foetus is viable and termination at this stage would carry a high risk of maternal morbidity or mortality. The court relied on these findings in coming to its decision.

Legal precedent cited

The bench referred to the Supreme Court’s ruling in X v. Union of India to emphasise that pregnancies beyond 24 weeks can be terminated only in exceptional circumstances — primarily when the mother’s life is in danger or the foetus has an incurable medical condition. “No material has been placed before us to show either risk to life sufficient to justify termination or an incurable fetal anomaly,” the order recorded.

Allegations and timeline

The case relates to an allegation from Ghughri police station limits in Mandla district. According to the petition and police papers, the girl — a resident of village Bahra — was allegedly sexually assaulted multiple times by a local youth who had promised marriage. The assaults are said to have begun on October 15, 2025, and led to the present pregnancy. Counsel for the girl approached the trial court earlier; with the pregnancy having crossed 24 weeks, the matter reached the High Court under the prescribed legal route.

Court directions to state

While refusing the abortion plea, the court made detailed directions for the immediate care of the minor. It instructed the Madhya Pradesh government to ensure the girl is admitted to a suitably equipped medical facility and provided all necessary treatment and monitoring through the remainder of her pregnancy. The bench further directed that after delivery, the state must assume responsibility for the child’s safety, care and rehabilitation.

Options for guardians

The order clarified that should the survivor or her family be unwilling or unable to care for the baby after birth, they may approach the appropriate fora again to seek guidance on lawful adoption or foster-care processes. The court emphasised that those procedures have to follow established legal channels and child-welfare norms.

Public interest and next steps

Legal experts say the case sits at the intersection of criminal justice, medical ethics and child welfare laws, and highlights challenges in managing late-term pregnancy requests tied to sexual violence. Local child-welfare authorities and health officials in Mandla and Jabalpur were directed to coordinate with the district legal services authority to ensure compliance with the court’s directions, sources familiar with the matter said.

The prosecution and police records in the underlying criminal case remain part of parallel proceedings. The High Court’s directions aim to secure the health of the survivor and welfare of the newborn while the legal process continues. Officials in the state health department acknowledged receipt of the order and said they would submit a compliance report to the High Court in the coming days.