MINOR R (THR. HER FATHER R) vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th June, 2026 + W.P.(CRL) 1804/2026 MINOR R (THR. HER FATHER R) .....Petitioner Through: Mr. Anwesh Madhukar, (DHCLSC) with Mr. Pranjal S., Adv. (Mob. 9899866844) versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present petition has been filed under Article 226, read with Article 21 of the Constitution of India (“Constitution”), as well as Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), for issuance of writ of mandamus or any other writs, directing respondent nos. 1 and 2 to medically terminate the pregnancy of the petitioner. 2. Learned counsel appearing for the petitioner submits that the present petition has been filed by the petitioner, who is a minor girl of 15 years of age, through her father. 3. He further submits that the petitioner is a victim of rape, and is currently at an approximate 26-28 weeks gestational period. The petitioner, as well as her father, wish to terminate the pregnancy, since the continuation of the same would result in grave mental injury to the petitioner. 4. Thus, by way of the present petition, the intervention of this Court has been sought for termination of pregnancy of the petitioner, since the current Signature Not Verified Digitally Signed By:HARIOM SHARMA Page 1 of 9 Signing Date:24.06.2026 21:20:48 gestational age of the petitioner is beyond the permissible limits under the Medical Termination of Pregnancy Act, 1971 (“MTP Act”), as amended by the MTP (Amendment) Act, 2021. 5. Learned counsel for the petitioner submits that the petitioner is invoking her “Right to Life” as enshrined under Article 21 of the Constitution, for