The court's decision was based on the interpretation of the Medical Termination of Pregnancy Act, specifically Section 3(2)(b), which allows termination of pregnancy if it poses a risk to the woman's life or physical and mental health.

ORDER

1. The petitioner is before this Court, seeking for the following reliefs:

(i) Issue writ in the nature of Mandamus directing the respondent No. 2 to Medically terminate the pregnancy of petitioner minor Victim forthwith.

(ii) Issue any other writ or directions as deem fit by this Hon'ble Court in the interest of justice and equity.

2. The petitioner being minor, represented by her father. The petitioner is a victim of an offence under Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012 read with Sections 363, 366-A, 376(2)(n) and 506 of the IPC.

3. On account of the said offence, the petitioner minor girl conceived and is now pregnant for 22 weeks.

4. In view of the petition being filed, vide order dated 03.03.2022, the matter was referred to the Medical Board constituted under Section 3(2)(a) of the Medical Termination of Pregnancy Act, 1971. Thereafter, the Medical Board has examined the petitioner and submitted a report dated 05.03.2022. Though certain complications have been stated in the said report, the report also mentions that if the procedure is not carried out, it may effect the mental health of the petitioner and if pregnancy is continued, it may cause serious/grave injury to the mother both physically and mentally, as it is a high risk pregnancy. It is further submitted that, if the petitioner were to continue her pregnancy she can develop anxiety, which could lead to depression effecting her mental health. The Board has opined that the petitioner needs termination of pregnancy, despite the risk which has been stated in the said report.

5. Section 3 of the Medical Termination of Pregnancy Act, reads as under:

"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.

Explanation 1.-For the purposes of clause (a), where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

Explanation 2.-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.

(2A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act.

(2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board.

(2C) Every State Government or Union territory, as the case may be, shal