IMPORTANT POINTS
(1) Certain degree of risk is involved in every procedure for medical termination.
(2) In view of urgency of situation, Supreme Court can exercise its powers under Article 142 of Constitution.

ORDER

1. Leave granted.

2. The High Court of Judicature at Bombay, by its order dated 4 April 2024, declined to allow the plea for medical termination of pregnancy moved by the appellant on behalf of her minor daughter.

3. The minor who is pregnant is alleged to have been subjected to a sexual assault. A First Information Report of offences punishable under Section 376 of the Indian Penal Code 1860 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act 2012 has been registered at Police Station Turbhe, MIDC, Navi Mumbai.

4. The High Court had, while declining the plea for medical termination of pregnancy, relied on a report submitted by the Medical Board constituted at the Department of Obstetrics & Gynaecology of the Grant Government Medical College & Sir J J Group of Hospitals, Mumbai.

5. The Special Leave Petition was mentioned for urgent orders after the Court had risen on the conclusion of normal working hours at 5.15 pm on 19 April 2024. The Bench reassembled immediately thereafter and, while issuing notice, took note of the fact that the report of the Medical Board which was relied upon by the High Court had not dealt with the impact of the pregnancy on the physical and emotional well-being of the minor. Accordingly, a fresh Medical Board was directed to be constituted under the Lokmanya Tilak Municipal General Hospital and Lokmanya Tilak Municipal Medical College, Sion, Mumbai [“Sion Hospital”] . Paragraphs 5 and 6 of the order of this Court are extracted below:

“5 From the material which has been placed on the record, a striking feature which has emerged before this Court, prima facie, is that the medical report does not contain an evaluation of the physical and mental status of the minor, particularly having regard to the background leading up to the pregnancy, including the alleged sexual assault. Moreover, it would be necessary that this Court is apprised whether the carrying of the pregnancy to the full term would impact upon the physical and mental well being of the minor who is barely fourteen years old. The Medical Board shall also opine on whether a termination of the pregnancy can be carried out at this stage without any threat to the life of the minor.

6 In this view of the matter, we are of the view that the petitioner’s daughter should be examined afresh by a Medical Board to be constituted at the Lokmanya Tilak Municipal General Hospital and Lokmanya Tilak Municipal Medical College, Sion, Mumbai tomorrow (20 April 2024). We request the Medical Superintendent of the hospital to constitute a Medical Board for that purpose.”

6 A report has been submitted by the Sion Hospital. The minor was examined by a team of the following six doctors constituted by the Dean:

“1. Dr. Rajesh Dere, Prof. & Head Dept. of Forensic Medicine

2. Dr. Anagha Joshi, Prof. & Head Dept. of Radiology

3. Dr. Amarjitsingh Bawa, Additional Prof. Of Dept. of Gynecology & acting Head of Department

4. Dr. Nilesh Shah, Prof. & Head Dept. of Psychiatry

5. Dr. Swati Manerkar, Prof. & Head Dept. of Neonatology”

7. After examining the minor, the Medical Board at Sion Hospital has opined as follows:

“1. Whether carrying of the pregnancy to the full term would impact upon the physical and mental well being of the minor who is barely 14 years?

Ans. Yes, continuation of pregnancy against her will may impact negatively on physical and mental well being of the minor who is barely 14 year old.

2. The medical board shall also opine whether termination of pregnancy can be carried out at this stage without any threat to the life of the minor?

Ans. Yes, termination can be carried out at this stage. The threat of life to the patient if termination of pregnancy carried out at this stage is not higher than the risk of delivery at full term of pregnancy.

Also in view of minor being barely 14 years, the chances of surgical intervention (Abdominal Surgery) at term or now may be there.”

8 While forwarding the report of the Medical Board, the Dean of Sion Hosp