The best interests of the victim and the provisions of the Medical Termination of Pregnancy Act, 1971, guide the court's decision in allowing the medical termination of pregnancy in cases of rape and grave injury to the woman's physical and mental health.

Sunita Gupta, J.

1. This is a writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of appropriate directions to the respondent to facilitate medical termination of pregnancy which is likely to cause grave injury to the petitioner and put the child at substantial risk, if born. Notice of the petition was issued to the respondents. Status report has been filed by the State wherein it is stated that on 29th August, 2013 an information was received from J.R. Sharan, Project Co-ordinator, Rescue Foundation and Ms. Hem Lata, Probation Officer, Rescue Foundation that 3-4 girls were forcibly kept in Kotha No. 41, 1st Floor, G.B. Road, Delhi and they were subjected to forcible prostitution. On this information a raiding team was constituted and raid was conducted at the Kotha. Four girls, including the petitioner, were rescued. On the statement of one of the rescued girl FIR No. 124/2013 dated 30th August, 2013 under Sections 376/365/342/109 IPC read with Section 3/4/5/6ITP Act was registered at Police Station Kamla Market. During investigation petitioner disclosed that she was brought to Delhi from her village by an unknown boy and was sold at GB Road where she was compelled to do prostitution. Her statement under Section 164 Cr.P.C. was recorded wherein she supported her previous statement.

2. Present petition has been filed by the petitioner stating therein that she is now about 19 years of age. When the petitioner was taken by the authorities of respondent No. 1 Nirmal Chhaya for medical examination at Deen Dayal Upadhayay Hospital, New Delhi it was found that she is HIV positive and is about 19 weeks pregnant. She informed the authorities and the doctors that the child was conceived in forceful and undesired sexual intercourse against her will and given her ill-health and the likelihood that the child will also be born at risk, she wishes to medically terminate her pregnancy as it is a cause of stress and grave injury to her medical health. Since the petitioner is in the protective custody of respondent No. 1 she has not been permitted to exercise her legal rights of medically terminating her pregnancy which she expresses to cause grave threat to her physical and mental safety. As such, it was prayed that directions be issued to the respondent to facilitate medical termination of pregnancy.

3. I have made inquiries from the petitioner in the presence of her counsel Ms. Nandita Roy, Advocate in my Chamber. She has expressed her willingness to get her pregnancy terminated. She states that her parents have already died. She has a younger brother to support. She is unable to carry her pregnancy to full term due to social stigma as she is victim of circumstances whereby she was taken to brothel and was forced to indulge in prostitution.

4. In the status report filed by the State, State has given no objection if permission is granted for termination of pregnancy as it will not affect the investigation in any manner. Superintendent, Department of Women and Child Development, Nirmal Chhaya, Jail Road has also given no objection to the decision taken by the petitioner for terminating her pregnancy.

5. On 5th December, 2013, she was examined by the medical board consisting of Dr. Poonam Aggarwal and Dr. Ritu Goel and the board opined that she is 18 months plus pregnant hence her pregnancy can be terminated after routine investigation. The victim has expressed her willingness to terminate the pregnancy and she understands the consequences of her act.

6. In Suchita Srivastava and Anr. v. Chandigarh Administration (2009) 9 SCC 1, Supreme Court has held as under:

37. As evident from its literal description, the "best interests" test requires the Court to ascertain the course of action which would serve the best interests of the person in question. In the present setting this means that the Court must undertake a careful inquiry of the medical opinion on the feasibility of the pregnancy as well