IMPORTANT POINT
The court affirmed that a minor's right to terminate a pregnancy resulting from sexual assault is protected under personal liberty, emphasizing the need for medical supervision and parental consent.

ORDER :

(Rakesh Mohan Pandey, J.)

By way of this petition, the petitioner has sought the following relief(s):-

"10.1. This, Hon'ble Court may kind enough to issue an appropriate writ by directing the respondent no.3 to permit the petitioner for abortion of her pregnancy as early as possible.

10.2. Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted."

2. The present writ petition has been filed by the petitioner (ABC, minor girl) through her natural guardian XYZ, seeking permission for the termination of pregnancy of the petitioner (ABC Minor).

3. The brief facts of the present case are that the complainant/mother of the victim lodged an FIR on 26.03.2024 against the minor accused, who committed sexual assault on the person of the victim on false pretext of marriage. The petitioner conceived and at present, she is carrying pregnancy of 21-22 weeks. On such complaint, the police registered the FIR for commission of offence punishable under Section 376(2)(n) of IPC.

4. The petitioner approached the police authorities, who, in turn, advised her to approach this Court seeking permission for termination of unwanted pregnancy. On 9.4.2024, this matter was taken up for hearing and a direction was issued to the Chief Medical and Health Officer, Korba to constitute a Board according to the provisions of Rule 3 of the Medical Termination of Pregnancy Rules, 2003 and to submit a report according to the Section 3(2) of the Medical Termination of Pregnancy Act, 1971 by 12.4.2024.

5. Today, the report has been placed on record. According to report dated 11.4.2024, the victim is carrying pregnancy of 21 weeks and with the consent of parents of the victim, the unwanted pregnancy can be terminated.

6. So far as the proceedings for termination of pregnancy are concerned, the law in this regard has been framed in the Medical Termination of Pregnancy Act, 1971 {as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021}. Section 3 of the said Act specifically deals with the conditions which are required and which have to be adhered to. For ready reference, Section 3 of the said Act is reproduced herein under:-

"3. When Pregnancies may be terminated by registered medical practitioners.-

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(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, if 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; or

(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 purposes 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 shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

Explanation 2.-For the purposes of clauses (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