ORDER :

Heard

1. The present petition is seeking termination of pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971 (for short Act of 1971).

2. Learned counsel for the petitioner would submit that the petitioner was subjected to rape for which an FIR was lodged on 09.05.2021 vide Annexure P-2 and the case was registered under sections 376, 376 (2) (ढ) by result of such rape she conceived. It is contended that if she is forced to continue the pregnancy which is caused by rape anguish would be caused and would eventually constitute a grave injury to the mental health of the pregnant woman. She would further submit that the medical report of the victim (petitioner herein) would suggest that she was examined on 17.06.2021 by District Medical Board hospital, Durg and subsequently again on 23.06.2021 and the doctor have opined that she may under go Medical termination of pregnancy safely as she is 14 weeks 3 days pregnant.

3. Learned State counsel was directed to seek instructions and the case diary was called. He further submits that according to the case dairy 164 statement runs 6 pages, the victim has categorically stated about the rape resulting into pregnancy.

4. Heard learned counsel for the parties and perused the documents.

5. Section 3 of the Act of 1971 was amended recently by a notification on 25.03.2021 and the amended Section 3 of the Act of 1971 reads as under:-

"3. In section 3 of the principal Act, for sub-section (2), the following subsections shall be substituted, namely:-

“(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, of 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; o

(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 purpose 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 purpose of clause (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 of 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, shall, by notification in the Official Gazette, constitute a Board to be called a Medical Board for the purpose of this Act to exercise such powers and functions as may be prescribed by rules made under this Act.

(2D) The Medical Board shall consist of the following, namely:-

(a) a Gynaecologist;

(b) a Paediatrician;

(c) a Radiologist or Sonologist; and

(d) such other number of members as may be notified in the Official Gazette by the State Government or Union territory, as the case may be.”

6. Reading of the said secti