Kidnapped twice and raped, Orissa High Court lets minor continue 31-week pregnancy

Justice B P Routray directed that necessary medicines, medical treatment and other facilities for delivery of the baby be provided to the pregnant minor free of cost.

The minor girl was allegedly kidnapped twice by the same accused in June and August 2025, sexually assaulted, and later rescued by the police when she was found to be pregnant. The plea filed by the minor and her parents initially sought medical termination of the pregnancy, but during the course of proceedings, they decided to carry the baby to term, considering medical opinions against it.

“The mother of the victim, keeping such a high risk involved in termination of pregnancy, has opted at her choice, along with the minor girl, to continue with the pregnancy till safer delivery of the baby upon completion of the gestational period, and they have filed a memo expressing their consent,” the Orissa High Court order read.

The Orissa High Court directed authorities to provide complete medical treatment, nutrition, and care free of cost for the safer delivery of the baby.

Kidnapped twice

• The girl was allegedly first kidnapped by the accused in June 2025 before being rescued by the police and placed in the child welfare committee’s custody.
• In July, the girl’s custody was given to her parents, after which the same accused allegedly kidnapped her again in August. On a complaint by the minor’s mother, a First Information Report (FIR) was lodged in September 2025.
• The parents then approached the Orissa High Court, praying for her rescue. As she was rescued by December and produced before the child welfare committee, the division bench disposed of the plea in January 2026.
• At the time of rescue, the minor was medically examined and found to be pregnant.
• In the present petition, the parents and the minor approached the Orissa High Court for medical termination of the unwanted pregnancy, considering that she is a survivor of offences under the Protection of Children from Sexual Offences (POCSO) Act.
• The Orissa High Court, by an interim order of April, directed the director of a hospital to constitute an appropriate medical board, examine the girl’s health and submit a report.
• The report advised against termination of the pregnancy, considering her age and that the pregnancy was in an advanced stage of 30 weeks and 4 days with a viable foetus.

‘Termination involves several risks’

• The Orissa High Court noted that the doctor concerned has opined that the medical termination of pregnancy at this stage involves several risks, including postpartum haemorrhage and disseminated intravascular coagulation.
• The report pointed out that medical termination carried the risk of delivery of a dead baby, which would pose a greater risk to the mother than continuation of the pregnancy, including the possibility of maternal death.
• The court directed that necessary medicines, medical treatment and other ancillary medical facilities relating to the treatment and delivery of the baby should be provided free of cost to the pregnant minor girl.
• Considering the overall circumstances as well as the economic condition of the survivor and her parents, the court directed the state to take steps to provide appropriate care for the pregnant minor girl by providing all such facilities for the safer delivery of a healthy baby.