The Orissa High Court on Friday instructed medical authorities in Bhubaneswar to examine the feasibility of safe alternative methods to terminate the pregnancy of a 16-year-old rape survivor, after a medical board ruled out standard termination due to the advanced stage of over 30 weeks.
Legal Context and Petition
Under the Medical Termination of Pregnancy (Amendment) Act, 2021, termination is not permitted beyond 24 weeks without the high court's approval. The court was hearing a plea filed by the rape survivor's parents seeking termination of what they termed an 'unlawful pregnancy' and state-funded medical care.
Alternative Method Proposed
The petitioners' counsel, Ramakanta Sarangi, suggested the possibility of administering an intra-cardiac potassium chloride (KCL) injection as an alternative method. Taking note of this, Justice B P Routray directed the director of Capital Hospital, Bhubaneswar 'to examine the feasibility of safe administration of any such injection to end the life of the foetus without causing any harm or danger to the life of the mother, if necessary in consultation with the appropriate medical board or team of doctors, and opine on the same.'
The judge further directed: 'The director is also directed to state, if there is any other possibility available to end the life of the foetus without risking the life of the mother.'
Next Hearing and Reporting
The High Court has scheduled the next hearing for May 4 and ordered the hospital director to appear virtually with a detailed report on the feasibility of safe alternatives.
Earlier Rejection by Medical Board
On April 27, the High Court had declined permission for medical termination based on the opinion of a state medical board. The board noted that the pregnancy had reached 30 weeks and 4 days, the foetus was viable with no congenital abnormalities, and termination at this stage could pose significant risks, including complications from preterm delivery.
Following the rejection, the petitioner's counsel sought time to consider further steps regarding the care and support of the minor. The court, meanwhile, instructed the hospital to continue providing all necessary medical treatment and facilities to the girl.
Background of the Case
The proceedings stem from a petition filed on March 23 by the parents of the 16-year-old girl, who was rescued following the high court's intervention in a habeas corpus plea on December 27, 2025. After her rescue, the girl underwent a medical examination and 'was found to carry an embryo in her womb.'
While disposing of the habeas corpus petition filed by the parents in January 2026, the High Court expressed serious concern over the failure of police to promptly trace a minor girl who was allegedly kidnapped and sexually abused. The court observed that such a victim squarely falls within the category of a 'child in need of care and protection' under the law.
