Indore: The Madhya Pradesh High Court has ruled that survivors of sexual assault, rape or incest whose pregnancies are up to 24 weeks do not need court permission to undergo a legal termination, the Indore Single Bench of Justice Sandeep N. Bhatt said on August 11 while disposing of a petition filed on behalf of a 16‑year‑old survivor.
Bench cites earlier Division Bench judgment and SOPs
The Single Bench relied on a February 20, 2025 Division Bench judgment from Jabalpur which had clarified the reach of the Medical Termination of Pregnancy (MTP) Act, 1971 in such cases and issued standard operating procedures (SOPs) for officials and medical officers handling pregnancies arising from rape or incest.
The Indore order directed the State Health Commissioner to communicate the Division Bench judgment and the SOPs to hospitals in the State, particularly government hospitals, so that they may "take care of the situation in future", and disposed of the petition as unnecessary.
"The Commissioner, Health Department, may also communicate the aforesaid order passed by the Division Bench to all the concerned hospitals more particularly the Government Hospitals, so that they can also take care of the situation in future," the Indore Bench order read.
Case background and court action
The petition heard on August 11 was filed by the father of a 16‑year‑old sexual‑assault survivor seeking the court's approval to terminate an 18‑week pregnancy, citing extreme mental trauma if the pregnancy were continued. Justice Bhatt observed that the matter did not require judicial intervention in view of the Jabalpur Division Bench ruling and accordingly dismissed the plea.
The February 2025 Division Bench — headed by the then Chief Justice Suresk Kumar Kait — had laid out SOPs to be followed for both pregnancies under 24 weeks and those beyond 24 weeks, according to the Indore bench's order quoted in court records.
What this means for hospitals and survivors
By directing the Health Commissioner to circulate the Jabalpur Bench judgment and SOPs, the High Court has sought to ensure uniform application of the MTP Act in institutions across Madhya Pradesh. The instruction is particularly aimed at government hospitals where survivors often seek care.
- Survivors of rape, sexual assault or incest with pregnancies up to 24 weeks can seek termination under the MTP Act without approaching the High Court.
- Government and private hospitals across the State are to receive the Division Bench judgment and the prescribed SOPs for handling such cases.
- Where pregnancies extend beyond 24 weeks, the SOPs established by the Jabalpur Bench remain applicable for medical and legal assessment.
Legal and practical implications
The High Court's direction is likely to reduce procedural delay and avoid placing additional legal burden on survivors already described as undergoing extreme trauma. It reinforces the statutory framework under the MTP Act and the Division Bench's clarifications, which had emphasised procedural guidelines for medical officers and authorities when dealing with pregnancies resulting from sexual violence.
Hospitals will need to ensure that their obstetric, gynaecology and medico‑legal teams are aware of the SOPs and the Jabalpur order so that requests for termination up to 24 weeks are processed without unnecessary judicial referrals. The Health Department's communication to institutions will be central to translating the court order into practice.
Officials asked to act as nodal communicators
The Indore bench specifically named the State Health Commissioner as the official who should circulate the Division Bench judgment to concerned hospitals. The step aims to create clarity for medical practitioners and reduce instances where families or survivors approach courts for permission that the courts now deem unnecessary.
The ruling dovetails with broader policy debates on access to reproductive health services and the need for trauma‑sensitive, timely medical care for survivors of sexual violence. Implementation of the SOPs at district and sub‑district hospitals will determine how effectively the court's directions translate into quicker access on the ground.
Details of the Jabalpur Division Bench order and its SOPs remain the operative guidance for medical officers and administrators across Madhya Pradesh until further orders are issued by the High Court or the legislature modifies the statutory framework governing termination of pregnancy.
Reporting is based on the Indore High Court order and the Jabalpur Division Bench judgment as cited in court records and reported in The Hindu.
