The court affirmed the victim's right to terminate her pregnancy exceeding 24 weeks, emphasizing mental health considerations as paramount, grounded in the Medical Termination of Pregnancy Act's provisions and supporting case law.

ORDER :

Bibhu Datta Guru, J.

1. Petitioner is a victim of forcible sexual intercourse committed with her by the accused of Cr.No.21/2024 registered at police station Dongripali, District Sarangarh-Bilaigarh. As a result of said forcible sexual intercourse, the petitioner is carrying pregnancy, which she wants to abort, as the said pregnancy is causing her anguish and she does not want to have a child born out of a person who has ravished her without her consent and has subjected her to humility and embarrassment before the society.

2. This petition was filed on 30-12-2024 seeking a direction to the authorities to form a panel of expert medical practitioners for the purpose of termination of petitioner's pregnancy. By order dated 31-12- 2024, this Court had summoned for a report from the Chief Medical & Health Officer/Civil Surgeon, Raigarh. In compliance of the said order, the said authority examined the victim and submitted the report before this Court.

3. I have heard learned counsel appearing for the parties and perused the record.

4. 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} (for short ‘the Act’) 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 woman.

(2A) The norms for 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 purposes of this Act to exercise such powers and functions as may