Mayaram Burman vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This petition is filed seeking the following reliefs :

i. issue a writ in nature of mandamus directing the respondent to permit the daughter of petitioner to terminate the pregnancy with further direction to the respondents to terminate the pregnancy immediately.

ii. Any other relief, which this Hon'ble court may deem fit and proper in the facts and circumstances of the case including cost of litigation in favour of the daughter of petitioners.

The present petition has been filed by the father of rape victim. It is the case of the petitioner that his daughter is carrying a pregnancy, which was occurred due to rape against the daughter of petitioner. It is pointed out that rape was committed by the accused Purshottam @ Parshu Thakur with the daughter of petitioner on 13.09.2025. F.I.R. was lodged on 16.09.2025 in Police Station Belkheda vide Crime No. 225/2025 for offence under Sections 296, 351(2), 64(1) and 64 of B.N.S. and after registering the F.I.R. Police is investigating the matter and M.L.C. has also been done and after the investigation Doctor found that daughter of petitioner is having a pregnancy of about 12 weeks 1 day on 19.09.2025.

It is pointed out that the daughter of the petitioner is aged about 18 years and she has not been properly developed physically or mentally. She is not able to maintain herself and is dependent on her parents for her day to day activities. She has been declared medically handicapped and a certificate is filed along with the petition as Annexure-P/1. Looking to the medical condition of the petitioner's daughter, as she will not be in a position to carry the pregnancy and to maintain the child if born alive, the petitioner does not want to continue with the pregnancy. Therefore, this petition has been filed seeking termination of pregnancy.

It is pointed out that the MLC was carried out on 19/09/2025 and Sonography was also done on the same day which reflects that the pregnancy was 12 weeks and 1 day as on 19/09/2025. This goes to show that pregnancy is less than 24 weeks. It is also pointed out that in terms of the Medical Termination of Pregnancy Act, 1971, there are provisions for terminating the pregnancy. Section 3 of the Act deals with the termination of pregnancy and the same is reproduced as under:-

Section 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 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, 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 from any serious physical or mental abnormality.

If the aforesaid provisions are applied to the facts and circumstances of the present case, it is seen that the pregnancy in the present case is nearing about 24 weeks. Therefore, in terms of Section 3 of the Act, 1971, the same can be terminated on the opinion of at least two registered medical practitioners.

Learned counsel for the State submits that the termination of pregnancy in terms of Section 3 of the Act can be carried out subject to opinion of the Medical Board and can be done in terms of Section 3(2) of the Act.

In the present case, there is no opinion given by the Medical Board regarding health of the victim or her mental or physical condition. However, the record indicates that there is a certificate issued by the Civil Surgeon, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India pointing out the disability of the victim. The disability certificate is dated 07/12/2024 which shows that (A) She is a case of Intellectual Disability (B) the diagnosis in her case is IQ 53 mild mental retardation 50% (C) She has 50% Temporary Disability in relation to her Brain as per the guidelines. This is a recent certificate issued on 07/12/2024 and is valid up to 07/12/2029.

Taking note of the aforesaid certificate, this Court deems it appropriate to dispose of this Writ Petition with following directions:-

(i) Petitioner is directed to take her daughter for medical examination to Medical College, Jabalpur on 06/12/2025.

(ii) A team/Committee of registered medical practitioners be constituted and the petitioner's daughter be examined by the Team. If the Committee is of the opinion that the termination of pregnancy can be done taking note of the Section 3 of the Act coupled with the opinion with respect to mental and physical health condition of the petitioner's daughter, the termination of pregnancy be carried out to the earliest based upon the report given by the Committee.

(iii) In case if the Committee finds that the physical condition of the victim is not appropriate to terminate the pregnancy as of now, then the procedure for termination of pregnancy can be carried out in terms of the opinion given by the Committee after making corrections of all the parameters of the victim.

(iv) In case the victim is found to be physically sound and is not suffering from any mental or physical disability, then her consent is mandatorily required to be taken prior to initiating any action for terminating the pregnancy.

(v) It is made clear that all necessary care and caution be taken by the doctors while carrying out the procedure for termination of pregnancy. It is further made clear that all possible efforts be made by the treating doctors to get the parameters normalized. The victim be given the best possible treatment and the termination of pregnancy be carried out by the doctors as soon as the parameters are corrected.

(vi) The doctors will also ensure that a sample from the fetus is protected for DNA examination and as and when required will be handed over to the prosecution for using in the criminal case itself.

With these observations, the petition is disposed of finally.