NXXX Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, who has recently attained legal adulthood, craves for issuance of directions upon the respondents to provide her with adequate medical assistance for the termination of her pregnancy, as the pregnancy is the result of sexual assault.

(2.) Compendiously and concisely, the averments set forth in this writ petition are that, consequent upon the petitioner allegedly becoming subjected to sexual assault by one Sahil son of Ishwar Chand, on account whereof, she became pregnant, her father got lodged against him the FIR No.161 dtd. 17/6/2025, under Ss. 3(5), 64(2)(m), 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, and, Sec. 6 of the Protection of Children from Sexual Offence Act, 2012, at Police Station Civil Lines, Kaithal, investigation whereof is pending. With these averments, a prayer is made that, since the pregnancy is the outcome of a sexual assault, hence the petitioner does not want to continue with her unwanted pregnancy, as it would cause grave injury to her physical and mental health. Resultantly, prayer is made for grant of permission to the petitioner to medically terminate her unwanted pregnancy.

(3.) This Court had passed the hereinafter extracted order on 04. 07.2025 upon the instant writ petition.