Prembai vs State Of Madhya Pradesh And Others

This writ petition has been filed by the petitioner seeking a direction to the respondents to allow her daughter i.e. the Victim-A to undergo medical

termination of pregnancy. The petitioner has also prayed for quashing of the order dated 06.07.2021 (Annexure P-2) passed by the Third Additional

Sessions Judge, Hoshangabad in MJC-R No.207/2021 with a further prayer that the respondents be directed to immediately constitute a Medical

Board as prescribed under Section 3(2C) of the Medical Termination of Pregnancy (Amendment) Act, 2021 (No.8 of 2021) within 24 hours to

determine the physical and mental health of Victim-A as well as the fetus and submit its report positively within 24 hours before this Court. The

petitioner has also challenged the validity of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 (for short ""the Act of 1971"") and

further prayed for a direction to the respondents to pay the compensation of Rs.20.00 Lac to the Victim-A apart from the compensation payable under

the Victim Compensation Scheme with reference to Section 357-A of the Cr.P.C.

Considering that the petitioner has challenged the validity of Section 3(2)(b) of the Act of 1971, we direct the petitioner to implead the Union of India

as party-respondent.

Learned counsel for the petitioner submits that he shall, in the course of the day, move an application and file an amended cause title, impleading the

Union of India as party - respondent No.7 and provide a copy of the petition with its annexures to Shri J.K. Jain, learned Assistant Solicitor General

for the Union of India.

Learned counsel for the petitioner has contended that Victim-A, the daughter of the petitioner, is mentally ill and even though she is aged about 24

years but her mental age is as that of a minor and that she is not in a position to take care of the baby even if she eventually delivers one. Learned

counsel for the petitioner has also relied upon the order dated 06.12.2017 passed by this Court in W.P. No.20961/2017 ( Sundarlal vs. The State of

M.P. and others) in which a direction was issued for constitution of Medical Board in terms to the provisions of the Act of 1971, which was required

to form opinion in good faith relating to termination of pregnancy of the victim.

Learned Additional Advocate General appearing for the respondents-State does not object to constitution of the Medical Board and submitted that the

Medical Board, in the light of Section 5 of the Act of 1971 may also examine whether the termination of pregnancy is immediately necessary to save

the life of the pregnant woman, in which case, the bar of 24 weeks' duration of pregnancy contained in Section 3 of the Act of 1971 would not apply.

Having regard to the submissions made and taking into consideration the urgency of the situation, we direct the Medical Superintendent, Hamidia

Hospital, Bhopal to constitute a Multi Disciplinary Medical Board consisting of registered medical practitioner each from the Department of

Gynecology, Psychiatry, Pediatrics and Radiology or any other specialist, in his discretion, as per the Act of 1971 for having the radiological

examination of the fetus to determine the status of its health and also give the bona fide opinion as to whether the medical termination of the

pregnancy would be necessary to save the life of the victim. The report of the Medical Board shall be submitted before this Court positively on or

before 14.07.2021.

The Superintendent of Police, Hoshangabad is directed to arrange for the transportation of the Victim-A along with her parents to Hamidia Hospital,

Bhopal.

Let a copy each of this order be forwarded to the Medical Superintendent, Hamidia Hospital, Bhopal and the Superintendent of Police,

Hoshangabad by email/fax and the same be also provided to Shri Pushpendra Yadav, learned Additional Advocate General for onward

transmission to ensure compliance of this order.

Matter to come up on 14.07.2021.