Fatima Begum vs State Of Telangana

The petitioner herein seeks a writ of Mandamus directing the respondent No.3 to terminate the pregnancy of her minor sister namely Maher

Begum, D/o. late Mohammed Shareef, aged 15 years, whose gestation period is 20 weeks 4 days, under the provisions of Medical Termination of

Pregnancy Act, 1971

Heard the learned counsel for the petitioner, learned Government Pleader for Medical and Health appearing for respondent Nos.1 and 3, learned

Assistant Government Pleader for Home appearing for respondent No.4 and perused the record.

Learned counsel for the petitioner would submit that the victim by name Maher Begum is the minor sister of the petitioner, aged 15 years. The

victim is mentally unstable. She was raped by a person named Ahmed Bawazeer and a case in Crime No.40 of 2022 of Chandrayangutta Police

Station for the offences punishable under Sections 376(2)(n), 376(3) of IPC and Sections 5 read with 6 of POCSO Act, 2012, was registered against

him. Subsequently, the victim became pregnant and as on today, her gestation period is “23 weeks (just commenced)â€. Continuation of pregnancy

of the victim would be highly risky to the victim’s life. According to Section 3 of the Medical Termination of Pregnancy (Amendment) Act, 2021,

the pregnancy of the victim, whose gestation period is between 20 to 24 weeks, can be legally terminated and accordingly sought a direction to

respondent No.3 to admit the victim in his hospital and terminate her pregnancy forthwith.

Learned Government Pleader for Medical and Health, on instructions, would submit that respondent No.3/Medical Superintendent, Modern

Government Maternity Hospital, Petlaburz, Hyderabad, is ready to admit the victim, conduct requisite examinations and terminate her pregnancy

forthwith.

Learned Assistant Government Pleader for Home would submit that since a case in Crime No.40 of 2022 of Chandrayangutta Police Station for the

offences punishable under Sections 376(2)(n), 376(3) of IPC and Sections 5 read with 6 of POCSO Act, 2012, was registered, a part of fetus or some

substance relating to pregnancy is required to be preserved by the doctors concerned for collection of DNA and comparison of the DNA of the

suspect.

There is no much dispute that the age of the victim is 15 years. There is also no dispute that the victim is mentally unstable. It is stated that the

victim is ready to get admitted in respondent No.3 hospital for termination of her pregnancy. Here, it is apt to extract Section 3 of the Medical

Termination of Pregnancy (Amendment) Act, 2021, which reads as follows:

In section 3 of the principal Act, for sub-section (2), the following sub-sections shall be substituted, namely:â€

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,â€

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be

prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, thatâ€

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or

(ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

Explanation 1.â€"xxxx

Explanation 2.â€"For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the

anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

A perusal of the above extracted Section 3 of the Act makes it clear that pregnancy exceeding twenty weeks but not exceeding twenty four weeks

can be legally terminated, if not less than two registered medical practitioners are of the opinion that continuation of pregnancy would involve a risk of

her physical or mental health. Explanation 2 to the said section further makes it clear that where any pregnancy is alleged by the pregnant woman to

have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a ‘grave injury to the mental health of the pregnant

woman’. Under these circumstances, there is no legal impediment for terminating the pregnancy of the victim.

Under these circumstances, the respondent No.3/Medical Superintendent, Modern Government Maternity Hospital, Petlaburz, Hyderabad, is

directed to admit the victim, namely, Maher Begum, S/o. Mohammed Shareef, aged 15 years, in his hospital today itself, conduct requisite

examinations and terminate her pregnancy forthwith, in accordance with the governing rules and procedure. Since a request is made by the learned

Assistant Government Pleader for Home for preserving a part of fetus or some other substance relating to pregnancy for comparision of the same

with the DNA of the suspect in the aforementioned criminal case, the respondent No.3 is directed to ensure that a part of fetus or some other

substance relating to pregnancy is preserved and handed over to respondent No.4 for investigation.

At this stage, the learned counsel for the petitioner submitted that the victim is entitled for compensation with regard to the subject incident. In view

of the circumstances of the case, it is left open to the petitioner to work out the remedies seeking compensation etc., payable to victim, in accordance

with law.

With the above observations/directions, this writ petition is disposed of.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.