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Judgment
The petitioner before this Court has filed this present writ petition for medical termination of pregnancy in respect of his minor daughter, who is a rape victim.
This Court has directed the Chief Medical Officer, Ujjain to submit a report in respect of termination of pregnancy.
A report has been received from the Chief Medical & Health Officer, Ujjain and they have stated that the age of the foetus is 21 weeks and she is in high risk category and keeping in view the Medical Termination of Pregnancy Act, 1971, the pregnancy cannot be terminated.
In the present case, the petitioner before this Court is undisputedly, a minor. She is a rape victim.
At this stage, it is relevant to refer to the legal framework and the law of the land regulating the Medical Termination of Pregnancy Act, 1971. The circumstances under which pregnancy may be may be terminated by registered medical practitioners has been provided under Section 3 of the aforesaid Act, which reads as follows :
"3. When pregnancies may be terminated by registered medical practitioners. - (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub- section (4), a pregnancy may be terminated by a registered medical practitioner,--
(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion formed in good faith, that--
(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 form such physical or mental abnormalities as to be seriously handicapped.
Explanation 1.--Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.-- Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub- section (2), account may be taken to the pregnant woman's actual or reasonably foreseeable environment.
(4)(a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.
In the light of the aforesaid statutory provision of law and also keeping in view the the judgment delivered by the Supreme Court in Chandrakant Jayantilal Suthar and another Vs. State of Gujarat SLP No. 6013/2015 dt. 28/7/2015, the pregnancy can very well be terminated.
Resultantly, keeping in view the aforesaid, as the petitioner is a rape victim, she has consented for termination of pregnancy and as the pregnancy will certainly constitute grave injury to the mental health of the pregnant girl, it is ordered that the pregnancy be terminated immediately.
The girl in question shall appear before the Chief Medical & Health Officer, Ujjain tomorrow ie., on 27/06/2020 at 10:30 a.m. The Chief Medical & Health Officer, Ujjain shall carry out the termination of the pregnancy of the girl in question in presence of experts. The DNA of the foetus shall also be preserved.
It is needless to mention that the entire expenses in respect of the termination of the pregnancy and post admission treatment / care shall be looked after by the Collector, Ujjain on behalf of the State of Madhya Pradesh.
With the aforesaid, the present Writ Petition stands allowed and disposed of.
Certified copy, today, as per Rules.