The court has the power to grant appropriate directions for medical termination of pregnancy beyond 20 weeks in specific circumstances, especially when it is for the mental and physical health of the victim.

JUDGMENT

Manish Pitale, J. - By this Writ Petition, the petitioner, who is a minor girl, has approached this Court through her mother seeking a direction for medical termination of her pregnancy, which is beyond 20 weeks. Since the pregnancy is the result of an alleged sexual assault on the petitioner, a further prayer is made for a direction to the Investigating Officer in the concerned First Information Report to ensure that DNA test is conducted for the purpose of evidence during the trial.

2. The petitioner has stated before this Court that she was forcibly sexually assaulted by the accused as a result of which she became pregnant. It was only when she suffered severe abdominal pain on 25th March, 2021 and she was taken to the hospital, that the said fact about pregnancy came to light. Thereafter, on 27th March, 2021, First Information Report No.95 of 2021 came to be registered with Mundhwa Police Station, Pune regarding the said incident for the offences punishable under sections 376 of the Indian Penal Code, under sections 4, 5(j)(ii) and 12 of the Protection of Children from Sexual Offences Act, 2012.

3. On 31st March, 2021, the petitioner was taken to Respondent No.4 Sassoon General Hospital, where it was confirmed that she was pregnant, yet, she was discharged.

4. It is at this stage that the petitioner filed the present Writ Petition seeking the aforesaid directions. Considering the urgency in the matter, on 7th April, 2021, this Court issued notices to the respondents, specifically directing respondent No.4 - Dean of the Sassoon General Hospital, Pune to constitute a medical board for examination of the petitioner and submit a confidential report for termination of late term pregnancy. Accordingly, the said report is received.

5. The relevant portions of the said report show that Respondent No.4 constituted the medical board consisting of the following Members:

6. It is also recorded in the report that the petitioner is about 16 years and 6 months old and that the reason for pregnancy is rape that she suffered. It is then recorded that upon the Ultrasound Sonography and other examination, single live fetus of about 24 weeks maturity is found. The report specifically states that the petitioner is physically fit for termination of pregnancy and the recommendation of the medical board is at paragraph 16, which reads as follows:

"16. ...

a. Recommended - (if yes, please mention the methods)

- Yes. With medical methods and if required by surgical method."

7. The key recommendations of the medical board read as follows:

"Key recommendations of the panel (if any) with justification: On clinical and ultrasound examination mother has teenage pregnancy of 24 weeks +/- 2 weeks with single live intrauterine foetus and no major medical and other obstetric complications. She is a victim of sexual assault. This history with pregnancy constitutes a grave injury to her mental health and teenage pregnancy additionally has higher morbidity and mortality.

Thus medical termination of pregnancy is recommended with kind permission of Hon'ble High Court."

The report is signed by all the 7 members of the medical board.

8. Mr.Sandeep Bali, the learned Counsel appearing for the petitioner, submits that since the medical board has submitted the report favourably recommending the medical termination of pregnancy of the petitioner, the same may kindly be permitted and a furt