The Madhya Pradesh High Court has recently denied a request for medical termination of pregnancy (MTP) for a 16-year-old rape survivor who is 29 weeks pregnant. This decision comes as the minor has expressed her desire to keep the child.

The case gained attention after a letter was forwarded to the Registrar General on September 29, 2025, prompting the court to initiate a suo motu case. The survivor was 15 years old at the time of the sexual assault. The High Court referenced guidelines established in a previous case, In Reference (Suo Motu), which outlined procedures for pregnancy terminations up to 24 weeks and those exceeding that duration in instances of rape and sexual assault.

Justice Vishal Mishra's bench stated that terminating the pregnancy was not permissible due to the fetus being nearly nine months old and in a viable condition, which would endanger the survivor's life. The court directed the Child Welfare Committee (CWC) to assume custody of the child within 15 days of birth and ensure the child's proper upbringing.

In a similar case, the MP High Court rejected an MTP plea for a 14-year-old mentally challenged rape survivor who was 30 weeks pregnant. The court instructed the state government to cover the costs of childbirth and the child's upbringing until adulthood, considering the girl's mental state. The medical board advised against the termination, citing potential risks to the minor.

The court has also emphasized the importance of informing rape survivors about their right to terminate a pregnancy under the Medical Termination of Pregnancy Act, 1971. In a previous case, the court criticized a police officer and doctor for not informing a minor rape survivor about this right, calling their actions "apathetic" and "deplorable". The court directed that in all rape cases where the victim is pregnant, whether a minor or not, the police and treating doctor must immediately advise the victim and her parents about the right to terminate the pregnancy. The court also mandated that the information provided to the victim and her family be documented in writing.

These cases highlight the complex legal and ethical considerations surrounding MTP requests for minor rape survivors, especially in advanced stages of pregnancy. The courts must balance the survivor's rights and well-being with the viability and rights of the fetus, while also considering the minor's wishes and the potential risks of termination.