The paramount duty to ensure the best interest and care for a child if born alive, as mandated by the MTP Act, Juvenile Justice Act, and constitutional provisions on the right to life and human dignity.

ORDER :

1. By this petition, the biological mother of minor girl child aged 15 years, has preferred this petition and has put forth prayer clauses (B), (C) and (D) as under:-

(B) This Hon’ble Court may be pleased to issue appropriate writ, order or directions permitting the petitioner to terminate the pregnancy at the Government Medical College and Hospital, Jalgaon Dist. Jalgaon.

(C) This Hon’ble Court may be pleased to issue appropriate writ, order or directions to the respondent No.2 to examine the petitioner by the medical committee and to submit decision/report to this Hon’ble Court as early as possible.

(D) Pending hearing and final disposal of this writ petition, directions may be issued to the respondent No.2 to constitute medical committee and to examine the petitioner and to submit the report to this Hon’ble Court.

2. While referring the pregnant girl for a medical test with the Government Medical College and Hospital, Jalgaon, we had observed in our order dated 14.06.2023 in paragraph 5 as under.

“5. We permit the biological mother and the child to appear before the medical board of the Government Medical College and Hospital at Jalgaon for a medical examination at 11.00 a.m. tomorrow. The board shall examine the pregnant lady and express a clear opinion as to whether medical termination of the pregnancy is possible and as to whether in the process of doing so, a child with a beating heart is likely to be delivered. The medical board shall examine the pregnant lady at 11.00 a.m. onwards and a report of the medical examination expressing a clear opinion, shall be transmitted by e-mail on the address of the office of the Government Pleader which is gphcabd@gmail.com, by 5.00 p.m on 15.06.2023.”

3. On 16.06.2023, we had passed the following order:-

“1. Vide our order dated 14th June, 2023, we had directed the Medical Board, Government Medical College and Hospital at Jalgaon to examine the pregnant lady and submit it’s medical report. It appears that the Medical Board sent a communication addressed to the learned AGP Mr. S. K. Tambe. What we had expected was, a report of the medical examination to be placed before us.

2. We request the learned AGP to call for such report.

3. The communication received by Mr. Tambe dated 15.06.2023, which is in the form of an opinion of the Medical Board, is taken on record and marked as “X-1” for identification.

4. The said report indicates that considering the mental and physical status of the girl, who is a minor, it would be appropriate to grant permission to terminate the pregnancy. However, in the very next sentence, the Board submits that a live child will be born and if it is taken care of in NICU, there is every chance that the child would remain alive.

5. Considering the peculiar circumstances and the opinion of the Medical Board that a live child with a beating heart would be born and which can survive, the question is, whether to resort to termination of pregnancy when a live child will be born prematurely on account of induced labour or allow a full term baby to be born.

6. The learned Advocate for the petitioner seeks time till Monday, 19th June, 2023 to take instructions.

7. Stand over to 19th June, 2023 in the passing orders category.”

4. The complete report in “Form-D” of the Medical Board for pregnancy termination, is placed before us. The five doctor’s board has set out/opined in the report (undated) that the baby is around 28 weeks as per the USG scan which was performed on 15.06.2023. It is also expressed that a live baby would be born and it would have to be admitted in NICU. Surgical intervention would be necessary. Blood and blood products transfusion would be required and the lady will have to be admitted in the ICU. It is also expressed that there is a risk to the pregnant lady while performing the termination of pregnancy.

5. The learned Advocate for the biological mother submits on instructions that the girl was subjected to a physical crime and therefore, she