{"id":342397,"date":"2025-02-27T10:00:11","date_gmt":"2025-02-27T04:30:11","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=342397"},"modified":"2025-03-07T18:00:36","modified_gmt":"2025-03-07T12:30:36","slug":"mp-high-court-lays-down-sops-for-termination-of-pregnancy-upto-exceeding-24-weeks-in-sexual-assault-cases-scc-times","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/02\/27\/mp-high-court-lays-down-sops-for-termination-of-pregnancy-upto-exceeding-24-weeks-in-sexual-assault-cases-scc-times\/","title":{"rendered":"MP High Court lays down SoPs for termination of pregnancy up to & exceeding 24 weeks in sexual assault cases"},"content":{"rendered":"
\n

Madhya Pradesh High Court:<\/span> In a suo motu writ petition registered in response to conflicting judicial directions issued by two Single Benches of the Madhya Pradesh High Court regarding the termination of pregnancy under the Medical Termination of Pregnancy Act, 1971<\/a> (MTP Act), a Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., laid down Standard Operating Procedures (SOPs) for termination of pregnancy up to and beyond 24 weeks for the survivor of sexual assault or rape or incest with additional directives.<\/p>\n

Factual Matrix<\/h3>\n

In the instant matter the issue arose due to procedural delays in terminating pregnancies of rape survivors, particularly in Crime No. 532\/2024 at Police Station Mehidpur, District Ujjain. Recognizing the time-sensitive nature of such cases, the Indore Bench formulated a procedure to expedite legal and medical intervention, while the Jabalpur Bench emphasised that statutory provisions already allow termination up to 24 weeks without court orders.<\/p>\n

The present suo motu writ petition is registered due to conflicting judicial directions issued by different Benches of this Court regarding the procedure for termination of pregnancy under the MTP Act. The Indore Bench of this Court in Seema Bai<\/span> v. State of M.P.<\/span>, 2024 SCC OnLine MP 8433<\/a>, issued guidelines mandating a judicial process for all cases of pregnancy termination, including those within the 24-week limit. However, the Jabalpur Bench of this Court in X6<\/span> v. State of M.P.<\/span>, 2025 SCC OnLine MP 580<\/a>, held that termination of pregnancy up to 24 weeks does not require court intervention, while judicial permission is necessary only when pregnancy exceeds 24 weeks.<\/p>\n

Conflicting Judicial Views<\/h3>\n

Indore Bench’s Guidelines<\/p>\n

    \n
  1. \n

    SHO of the concerned police station must refer the victim to the District Court upon confirmation of pregnancy.<\/p>\n<\/li>\n

  2. \n

    District Court shall refer the rape survivor for a medical opinion on the feasibility of termination.<\/p>\n<\/li>\n

  3. \n

    Upon receiving the medical report, the District Court must refer the case to the High Court Registry.<\/p>\n<\/li>\n

  4. \n

    The High Court shall then register the matter as a suo motu writ petition and issue appropriate orders.<\/p>\n<\/li>\n<\/ol>\n

    Jabalpur Bench’s Ruling<\/p>\n

      \n
    1. \n

      Under Section 3(2)(A) and 3(2)(B) of the MTP Act, pregnancies up to 24 weeks can be terminated by Registered Medical Practitioners (RMPs) without judicial intervention.<\/p>\n<\/li>\n

    2. \n

      Only pregnancies exceeding 24 weeks require High Court approval under Article 226<\/a> of the Constitution<\/a>.<\/p>\n<\/li>\n

    3. \n

      Rule 3B of the MTP Rules, 2003, permits rape survivors to terminate pregnancies up to 24 weeks without court involvement.<\/p>\n<\/li>\n

    4. \n

      Judicial proceedings should not be mandated unless statutorily required.<\/p>\n<\/li>\n<\/ol>\n

      Moot Point<\/h3>\n
        \n
      1. \n

        What is the permissible procedure for the purpose of termination of pregnancy by the registered medical practitioner under the provisions of Medical Termination of Pregnancy Act, 1971<\/a> and rules framed thereunder?<\/p>\n<\/li>\n

      2. \n

        Whether resort to judicial proceedings under Article 226<\/a> of the Constitution of India<\/a> is necessitated for the termination of pregnancy in each and every case?<\/p>\n<\/li>\n<\/ol>\n

        Legal Provisions<\/h3>\n

        MTP Act, 1971:<\/p>\n