XX vs STATE GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12.09.2025 + W.P.(CRL) 2913/2025 XX .....Petitioner Through: Mr. Anwesh Madhukar, Advocate (through VC) with Mr. Pranjal Shekhar, Mr. Ishat Singh and Ms. Prachi Niwan, Advocates versus STATE GOVT. OF NCT OF DELHI & ANR ....Respondents Through: Mr.Amol Sinha, ASC (Criminal) (through VC) with SI Rupesh Raj, PS Subhash Place CORAM: HON'BLE MR. JUSTICE ARUN MONGA ARUN MONGA, J. (ORAL) 1. All of 15 years old, a minor girl is before this Court, through her mother seeking permission to terminate her pregnancy of 27 weeks. 2. It is not in dispute that the gestational age of the foetus has crossed the statutory limit of 24 weeks prescribed under the Medical Termination of Pregnancy Act, 1971 (for short, “the MTP Act”). 3. The case set up by the petitioner is that the pregnancy is the result of a sexual assault upon her. Continuation of the pregnancy, it is urged, would cause grave mental injury to the minor, as also to the Signature Not Verified Signed By:AWANISHWP(CRL) 2913/2025 Page 1 of 9 CHANDRA MISHRA Signing Date:12.09.2025 19:00:42 unwanted child if born, who at present is in the foetal stage. 4. The petitioner, through her mother, seeks enforcement of her right to life under Article 21 of the Constitution of India, stating that same necessarily includes the right to live with physical as well as mental health. It is submitted that enforcement of this fundamental right justifies the issuance of an appropriate writ by this Court, notwithstanding the apparent statutory bar under the MTP Act. 5. In the aforesaid backdrop, I have heard the rival contentions of the learned counsel for the petitioner as well as the learned ASC for State. 6. Learned counsel for the petitioner would urge as under :- 6.1 The victim a