IMPORTANT POINT
The court affirmed the reproductive rights of minors, emphasizing the need for medical evaluation and support in cases of unwanted pregnancies resulting from abuse.

JUDGMENT :

1. The Petitioner, a minor of 17 years of age, is in the 26th week of pregnancy, being a victim of child abuse. There is a F.I.R. filed against the accused in the said crime. She seeks permission for medical termination of the pregnancy.

2. By an Order dated 28th August 2024, this Court directed the Authorities of J.J. Group of Hospitals and Grant Medical College, Mumbai to constitute a Medical Board in terms of the provisions of Section 3(2-D) of the Medical Termination of Pregnancy (Amendment) Act of 2021 (M.T.P. Act) read with the Medical Termination of Pregnancy Act, 1971, to examine the Petitioner and to submit a report to this Court. The Medical Board while forming its opinion was also requested to evaluate the physical and emotional well-being of the Petitioner as well as the impact and repercussions of the continuance/termination of pregnancy.

3. Accordingly, a Medical Board was constituted by the J.J. Group of Hospitals and Grant Medical College, Mumbai and a report dated 2nd September 2024 is submitted before us today. We have perused the report. It is taken on record and marked “X” for identification. The report is unanimous.

4. The conclusive Committee opinion is as under:

“On interviewing the victim and her mother, the following facts were revealed:

- That the mother is widowed since past two years.

- That she is the sole breadwinner and also has two other children (an older son and a younger daughter) dependent on her.

- That they were seeking treatment in K.E.M. Hospital which is not only close by to their residence but is also very convenient.

- That this pregnancy is an incidental finding while seeking treatment for fever. It is begotten from a consensual relationship with a 22 year old male, named Sujit Sonkar, a known person and that the victim and her male partner are willing to marry, settle down and accept the child as their own in due course of time, a scheme of arrangement that has blessings of the mother.

- That travelling up to J.J. Hospital every day is a harrowing experience for the mother resulting in the loss of daily earnings. She’d much rather prefer receiving further treatment at K.E.M. Hospital.

After thorough investigation and examination of the patient, the committee has found that at present the mother is 17 year old, unmarried primigravida with BD? BS 24 weeks + 5 days of gestational age with no congenital anomaly in the fetus.

As the patient has filed a complaint under section 376 of I.P.C. and sought High Court Order for the opinion of the Medical Termination of Pregnancy, the Committee is of the opinion that as mother is underage and a case of P.O.C.S.O., carrying unwanted pregnancy to term will cause mental stress to the teenage-mother. The patient, in her current state of health, is not fit for undergoing the procedure as opined by specialists in the discipline of Medicine & Anaesthesia. Patient needs to be stabilized and revaluated for fitness which can be done in 2 to 3 weeks.

Medical termination of pregnancy may be undertaken thereafter pursuant to the final decision of the Honourable High Court.”

5. Ms. Chaudhari, learned counsel appears for the Petitioner and Ms. Thakur, learned A.G.P. represents the State.

6. The report of the Board was shared with both the counsels. Ms. Chaudhari requested one day’s time to take instructions from the Petitioner and her mother. Accordingly, the matter was listed today on 3rd September 2024.

7. Ms. Chaudhari on instructions submits that, considering the opinion of Medical Board, the Petitioner and her mother have shown their inclination to continue the pregnancy and take it to its full term. Ms. Thakur submitted that, appropriate orders in the interest of justice may be passed considering the findings and opinion of the Medical Board.

8. Conscious of the right of Petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medicall