JUDGMENT :

Swarana Kanta Sharma, J.

1. The petitioner, a minor, has approached this Court through her mother under Article 226 of Constitution of India, praying for issuance of directions by virtue of writ of Mandamus to the Respondents to conduct medical termination of her pregnancy under Medical Termination of Pregnancy Act, 1971, as amended in 2021 (hereinafter “MTP Act”).

2. Facts and circumstances compelling the petitioner to file the instant petition are that in the month of September 2022, the minor child R, i.e. petitioner, who is aged around 14 years, was sexually assaulted and raped by the accused named in the FIR. Initially, though the petitioner missed her period for four months, she did not inform her mother about the same as she was scared. However, after her mother H noticed the physical changes in her, she had disclosed to her mother about the sexual assault. At the instance of petitioner/victim R, an FIR bearing no. 76/2023 was registered at Police Station Shalimar Bagh under Sections 376/328 of Indian Penal Code, 1860, and Section 4 of Protection of Children from Sexual Offences Act, 2012.

3. Thereafter, the petitioner was taken to BJRM Hospital for her MLC and her UPT was conducted which was found to be positive. On 19.01.2023, when she underwent a Medical Test/USG from a Diagnostic and Imaging Centre, she was found to be 24 weeks and 5 days pregnant. The Investigating Officer on 20.01.2023 approached the Child Welfare Committee-X, District-Outer North & North West Delhi, Alipur and the petitioner along with her mother were produced before the Board, whereby they stated that they do not wish to continue with the pregnancy of the petitioner and that she wishes to continue her education. However, on perusing the case of the petitioner, it was found that she was beyond the permissible gestational age limit under the MTP Act, 1971, hence she was directed to approach this Court and seek judicial intervention.

4. By way of present petition, following directions and reliefs have been sought from this Court :

“(i) Direct the Respondent No.2 to form a board comprising not less than two registered medical practitioners and submit an opinion qua the medical termination of pregnancy of the Petitioner; and

(ii) Further direct the Respondents No.1 & 2 to medically terminate the pregnancy of the Petitioner; and

(iii) Direct the Respondent No. 1 to bear all the expenses necessary for the termination of the pregnancy of the Victim, her medicines, food etc.; and

(iv) Direct the Respondent No.2 to preserve the terminal foetus for the purposes of DNA testing which would be required with reference to the criminal case which stands registered; and/or

(v) Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case”.

5. Learned counsel for petitioner submits that petitioner/victim is a minor girl child of 14 years who is a victim of sexual assault and unwanted pregnancy. Learned counsel for the petitioner has drawn attention of this Court to various judgments on the aspect which is before this Court for consideration. Reliance is placed upon the decisions of (i) Venkatalakshmi v. State of Karnataka, Civil Appeal 15378/2017, dated 21.09.2017 (ii) Ms X through Her Legal Guardian v. Government of NCT of Delhi & Anr., 2022 SCC OnLine Del 2642, and (iii) R. v. Union of India Represented by Secretary, Ministry of Women and Child Development & Ors. 2021 SCC OnLine Ker. 808, wherein the Hon’ble Supreme Court as well as Co-ordinate benches of this Court had allowed the termination of pregnancy of rape victim beyond the gestational age of 24 weeks. It is stated that the petitioner as well as her guardian have patently expressed their consent to terminate the foetus, since the continuation of the pregnancy would result in grave mental injury to the Petitioner herein who is a rape victim.

6. The grave issue before this Court is whether a rape victim of 14 years, who is carrying the pregnancy of around 2