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A. S. GADKARI, NEELA GOKHALE
“XYZ” – Appellant
Versus
State of Maharashtra Through the Principal Secretary, Public Health Department – Respondent
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
The court affirmed the reproductive rights of minors, emphasizing the need for medical evaluation and support in cases of unwanted pregnancies resulting from abuse.
The court ruled that a minor victim of rape may have her pregnancy terminated under the Medical Termination of Pregnancy Act, 1971, if it poses a grave risk to her mental health.
The Court reiterated that the rights of minor victims of sexual assault must be balanced with welfare considerations in matters of pregnancy termination under the Medical Termination of Pregnancy Act....
The court can allow termination of pregnancy for a minor victim of sexual abuse based on medical opinion and consideration of the trauma and risks involved.
Termination of 28-week high-risk pregnancy of minor victim permitted beyond statutory limit, safeguarding physical/mental health and right to dignity under Article 21 based on Medical Board opinion.
The main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
(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.
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