Karnataka High Court Permits Minor POCSO Victim to End 29-Week Pregnancy, Orders Statewide Audit
The Karnataka High Court has allowed a 15-year-old girl, a victim of repeated sexual assault, to terminate her 29-week pregnancy. The court also directed the state government to conduct a comprehensive audit of how authorities handle cases involving minor victims of sexual assault that result in pregnancy.
Justice Suraj Govindaraj, in a June 8 order, instructed the Director of the Department of Women and Child Development to undertake a statewide compliance audit. The audit will examine whether mechanisms are in place in each district to ensure timely intervention by the police, child welfare committees, district child protection units, and other agencies. The report must be submitted to the court within four weeks, highlighting any deficiencies.
The case came to light after an FIR was filed on April 16, alleging repeated sexual assault of the minor while she was staying in Chitradurga district for education. However, the court noted that the station house officer failed to inform the required authorities as mandated by the Protection of Children from Sexual Offences (POCSO) Act. Additionally, the district child welfare officer, despite being aware of the incident, did not place the matter before the child welfare committee to assess the minor's immediate needs or facilitate medical and psychological assistance.
“Had the authorities acted with the promptitude expected of them, the issue of medical termination of pregnancy could have been examined at a substantially earlier stage of gestation,” the court observed. It added that the conduct of the concerned officers, if proven, would amount to a failure to discharge statutory and institutional responsibilities.
The court had earlier issued a technology-oriented standard operating procedure (SOP) in October 2024, including a digital portal, to assist POCSO victims. The latest order emphasizes the need for strict adherence to child protection frameworks to prevent unnecessary distress to victims and their families.
The minor's parents approached the court because the Medical Termination of Pregnancy Act generally prohibits termination beyond 24 weeks. A medical board at Vani Vilas Hospital assessed the girl and opined that termination at 29 weeks and six days could be undertaken safely. The court granted permission based on this assessment.
