Meganathan v. The Dean

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :28.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.2600 of 2026 Meganathan Xxx ....Petitioner Vs

1. The Dean Department of Obstetrics and Gynaecology Government Vellore Medical college Vellore, Tamilnadu -632 011 2.The Inspector of Police AWPS-Arakonam Ranipet District Tamilnadu 3.The State Rep by secretary, Health Department Secretariat, Fort St.George, Chennai-600 009 .....Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st respondent to medically terminate the pregnancy of the petitioners daughters S in accordance with section 5 of the Medical Termination of Pregnancy Act 1971 expeditiously.

For Petitioner : Ms.Deepika Murali For Respondents 1 and 3 : Mr.M.Bindran, Additional Government Pleader For Respondent-2 : Mr.L.Baskaran, Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed seeking a direction to the 1st respondent to medically terminate the pregnancy of the petitioner's daughter, S, in accordance with section 5 of the Medical Termination of Pregnancy Act 1971 expeditiously.

2.

This Court, by order dated 22.01.2026, had directed the Medical Board, which was constituted to examine the victim girl, and submit its report on 27.01.2026.

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3. When the matter was taken up for hearing today, a report has been submitted before this Court by the Medical Board through the Dean, Government Vellore Medical College Hospital, Vellore, wherein termination of the pregnancy has been clearly recommended at the earliest.

4. On the earlier occasion, this Court had also requested the learned counsel for the petitioner to have a personal conversation with the victim in order to ascertain whether she is also willing to undergo termination of pregnancy. The learned counsel would submit that she had a detailed conversation with the victim, who has expressed her willingness to terminate the pregnancy, as she is desirous of continuing her education. She would further place a request this Court that the fetus be preserved so that it can be sent for forensic examination at a latin point in time when the case is posted before the Court.

5. Recording the above submissions, this writ petition is allowed. The 1st respondent, namely The Dean, Government Vellore Medical College Hospital, Vellore. is directed to take necessary steps to medically terminate the pregnancy of the petitioner's daughter, XXX at 3/6

the earliest. He is also directed to preserve the fetus for use at a later point in time, once the case is registered and the trial commences.

6. Mr.Bindran, learned Additional Government Pleader appearing for respondents 1 and 3 has undertaken to communicate the order of this Court directly to the 1st respondent, namely The Dean, Vellore Medical College, Vellore. So that the termination of pergnancy need not await the certified copy of orders. Mr.R.Aruputham, learned Special Sub Inspector of Police, Arakkonam All Women Police Station, Ranipet District, is also present before this Court. No costs. Consequently, connected miscellaneous petition is closed.

28.01.2026 Index : Yes/No Speaking Order : Yes / No srn Note : Issue order copy on 28.01.2026 4/6

To

1. The Dean Department of Obstetrics and Gynaecology Government Vellore Medical college Vellore, Tamilnadu -632 011 2.The Inspector of Police AWPS-Arakonam Ranipet District Tamilnadu 3.The Secretary Health Department Secretariat, Fort St.George, Chennai-600 009 5/6

P.T.ASHA, J., srn and W.M.P.No.2600 of 2026 28.01.2026 6/6