Point of Law: Termination of pregnancy - Once termination is over, victim girl shall continue to receive treatment for length of period as deemed necessary by senior most doctors of team. The outcome and well being of victim girl shall be reported to this Court within one week.

ORDER :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondents.

2. Today, learned APP for the respondents-State has produced a report dated 10.04.2021 under the signature of Dr. Pallavi Ninama I/C HOD & Associate Professor, Obs & Gynec Dept alongwith opinion of Dr. Archana Sisodia (Assistant Professor), Dr. Hardik Shah, Assistant Professor and Dr. Swati N. Patel (Assistant Professor) of GMERS Medical College and Hospital, Sola, Ahmedabad, which is taken on record.

3. The opinion given by the Formation of Committee (Dr. Archana Sisodia (Assistant Professor), Dr. Hardik Shah, Assistatn Professor and Dr. Swati N. Patel (Assistant Professor) of GMERS Medical College and Hospital, Sola, Ahmedabad is as under:

•?At present patient is having 16 weeks 2 days pregnancy as per LMP 07/12/2020 and USG dated 09/04/2021 suggestive of 16 weeks 3 days pregnancy.

•?Pregnancy can be terminated with usual risk associated with such condition keeping in mind age of the patient.

•?Informed consent of the guardian will be required for performing MTP after explaining the entire likely outcome.

•?Also allied fitness of Medical, pediatric, Psychiatrist and Anesthetist is mandatory and investigations need to be done once the process of abortion is approved by court and patient.

•?After opinion and fitness of allied medical specialities termination can be done.

•?The medical methods (Mifepristone and Misoprostol) employed for termination of pregnancy at this maturity of foetus may result in failure in which case caesarean delivery (Hysterotomy) will be required which is associated with its own morbidity & mortality and anesthesia risks.

•?Also appropriate guidelines need to be provided and provisions made for testing of Abortus for paternity.

4. Learned advocate for the petitioner submits that however as per the opinion of Dr. Archana Sisodia (Assistant Professor), Dr. Hardik Shah, Assistant Professor and Dr. Swati N. Patel (Assistant Professor) of GMERS Medical College and Hospital, Sola, Ahmedabad, the petitioner has no objection if the termination of pregnancy of victim girl would be terminated by the doctor concerned.

5. As can be culled out from the record, the girl is 16 years of age. The complaint is indicative of the commission of sex crime by the accused. Considering her age and allegations made in the complaint, on giving her consent, the length of pregnancy since is going to complete 16 weeks and 2 days, bearing in mind her specific consent and averments made in the petition, this petition deserves consideration.

6. Apt it would be, to reproduce at this stage, Section 3 of the MTP Act :-

“(1) When pregnancies may be terminated by registered medical practitioners :-

(1) Notwithstanding anything contained in the Indian Penal Code, 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 he 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 :

(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 such physical or mental abnormalities as to be seriously handicapped. Explanation I of this provision provided that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman”

7. This Court in case of Sushma Alias Gudiya D