Point of Law:
As per Section 3(2)(a) of the MTP Act, where the length of pregnancy does not exceed twelve weeks if such medical practitioner is, or, (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are of opinion, formed in food faith, that the continuation of pregnancy would invoke a risk to the life of the pregnant woman or of grave injury to her physical life or mental health or there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

ORDER :

1. Heard learned Advocate Mr. R.B. Thakor for the Petitioner and learned APP Mr. Chintan Dave for the respondent State through video conference. Considering the peculiar nature of case, this matter is taken up for final hearing.

2. This Petition is filed by the Petitioner who is the victim of rape case through her legal guardian mother, under Article 226 of the Constitution of India, seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (for short ‘MTP Act’).

3. The petitioner seek relief in terms of paragraph 8 (A) and (B) which reads as under:

“(A) Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of petitioner-victim Kinjal who is minor aged 14 years, at the earliest, as the same being in best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no. 3 to hand over, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Sub Inspector, Tharad Police Station for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice.

(B) Pending admission hearing and final disposal of this petition, Your Lordshipss may be pleased to direct the respondent no. 1 to 3 to conduct medical termination of pregnancy of the minor victim with two qualified surgeons including Gynecologist, Obstctrician and in presence of qualified physician with due care and precaution after carrying out necessary medical check-up, so as to avoid any likelihood of untoward harm to the physical or mental health of the minor victim Kinjal, in the interest of justice.”

4. Facts of the case.

4.1 It is stated in the Application that the petitioner is aged 14 years and doing labour work in farm with her parents. The petitioner is residing in a premises of one Nanjiji Kumpaji Patel in Banaskantha district along with her parents and her brother.

4.2 It is further stated that the Accused is residing beside the house of petitioner and was friend of father of the petitioner. That four months prior to May 2020, when the petitioner was at her caster farm, the accused had forcibly raped the petitioner and administered threats to her that if she complained about the same to her parents, he would kill the petitioner and her parents. Out of fear, terror and shock, petitioner did not inform her parents. Thereafter, as the petitioner didn't get her monthly period for last three months the mother of the petitioner inquired about that to her daughter. The petitioner told her mother about the rape incident occurred with her. Therefore, the parents of the petitioner went to the hospital, where, the Doctor medically examined the petitioner and informed her mother that petitioner is pregnant. Thereafter, on 24.05.2020, the mother of petitioner lodged an FIR being I-C.R. No. 111950200429 of 2020 at Tharad Police Station, District: Banaskantha, for the offences punishable under Sections 376(3) and 506(2) of IPC and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 against the accused. That the petitioner is found to be carrying pregnancy and is suffering immensely, mentally as well as physically. That the pregnancy is beyond stipulated period of 20 weeks and 6 days, termination of pregnancy can be done after obtaining permission in accordance with the MTP Act.

4.3 It is also stated that she has taken decision of filing and seeking relief for termination of pregnancy with consent of all the family members of the petitioners and more particularly, taking into consideration the mental and physical condition of the petitioner girl. That the pregnancy is at crucial stage, the pregnancy is caused by the rape causing injury to mental health of the petitioner. That the termination of pregnancy is in the best interest of the petitioner.

4.4 It is also stat