P&H High Court Declines Minor Rape Survivor's Plea To Terminate Pregnancy Citing Medical Grounds But Grants ₹4 Lakh Interim Compensation

The Punjab and Haryana High Court has directed the Haryana government to pay ₹4 lakh minimum interim compensation to a 14-year-old rape survivor but declined her plea to terminate 29 weeks pregnancy, citing the advise of medical board.

Justice Suvir Sehgal said, "Haryana State Legal Services Authority is also directed to consider petitioner's case for grant of compensation under Section 396 (4), BNSS or any appropriate scheme and the necessary relief be granted to the petitioner as expeditiously as possible preferably within a period of two months from the date of communication of a copy of this order. Noticing the provisions of the Haryana Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020, it is directed that an amount of Rs.4 lakhs, the minimum mount prescribed in Schedule-I of the Scheme, be released to the petitioner forthwith as an interim relief."

The amount will be subject to final adjudication of compensation under Section 396 (5) BNSS.

The plea was filed by the minor rape victim seeking direction to Permanent Medical Board, PGIMER, Chandigarh or any other Government or Private Hospital, calling for a medical evaluation report and for directing them to terminate her pregnancy.

The 14 year old school going girl had been a victim of alleged sexual assault. Her mother lodged an FIR under Sections 4(2) and 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 65(1), BNS, 2023 after suspecting her pregnancy.

A detailed evaluation of the victim was conducted by experts, and the Medical Board found that the fetus is about 29 weeks and 06 days, but the petitioner has an abnormal pulse rate and blood pressure. The Board categorically opined that she is medically unfit for termination of pregnancy and has not recommended it.

In view of the conclusive report submitted by the Medical Board, the Court said it is not inclined to exercise its discretionary power under Article 226 of the Constitution of India and rejected the prayer for termination of pregnancy.

It further issues slew of directions including following:

The petitioner be admitted with PGIMER, Sector -12, Chandigarh as and when required and be provided all the medical facility and requisite support till the time she delivers the child.

Noticing that a criminal case has been registered on the allegation of a sexual assault, PGIMER authorities will preserve the DNA sample of the fetus/child after its birth and forward it to the Investigation Officer.

In case, after the delivery of the child, petitioner is desirous of giving the child in adoption, the State of Haryana and its agencies will assume responsibility of the child and take such steps as are necessary to rehabilitate the child, including exercising the option of placing the child in a foster care/adoption by following due legal process of law. 

As the petitioner's father has expressed an apprehension, it is directed that the identity of the petitioner or her parentage be not disclosed at any stage of any proceeding by the Court, police or any other authority.

Mr. Manish Boora, Advocate and Mr. Ankur Goyat, Advocate for the petitioner.

Mr. Ravish Kaushik, Additional Advocate General, Haryana for respondent No.1.

Mr. Abhishek K. Premi, Advocate for respondent No.2-PGI.

Mr. Anmol Partap Singh Mann, Advocate, amicus curiae.

Title: XXX v XXX

Citation: 2025 LiveLaw (PH) 389