The court has the authority to order the termination of pregnancy based on the medical report and the consent of the legal guardian/caretaker, considering the best interest and health of the victim.

ORDER

V.B. Mayani, J.

1. Heard Mr. Hardik H. Dave, learned advocate for the applicant and Mr. Pranav Trivedi, learned APP for the opponent State.

2. By way of the present application, the petitioner has prayed in para: 7 as under:

"(A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction, permitting the petitioner to get her pregnancy terminated, after taking medical opinion from any Government Hospital, as may be deemed fit by this Hon'ble Court, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to direct the respondent no. 3 i.e. the In-charge Medical Officer of the Civil Hospital, Asarva, Ahmedabad or any other Government Hospital to undertake necessary medical tests of petitioner about physical and medical fitness to undergo termination of pregnancy as required under The Medical Termination of Pregnancy Act, 1971 and to submit the report thereof to this Hon'ble Court with immediate effect for its subjective satisfaction;

(C) YOUR LORDSHIPS be pleased to direct the respondent no. 3 i.e. the In-charge Medical Officer of the Civil Hospital, Asarva Ahmedabad or any other Government Hospital to examine the petitioner by two registered medical practitioners so also the opinion formed in good faith with certification to be reported to the Honourable Court as required under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971;

(D) YOUR LORDSHIPS be pleased to direct the respondent no. 3 i.e. the In-charge Medical Officer of the Civil Hospital, Asarva, Ahmedabad or any other Government Hospital to undertake necessary medical tests of petitioner about physical and medical fitness to undergo termination of pregnancy as required under The Medical Termination of Pregnancy Act, 1971 and to submit the report thereof to this Hon'ble Court with immediate effect for its subjective satisfaction, pending the admission, hearing and final disposal of this petition;

(E) YOUR LORDSHIPS be pleased to grant such other and further reliefs, as may be deemed fit by this Hon'ble Court, in the interest of justice;"

3. Mr. Hardik H. Dave, learned advocate for the applicant has mainly submitted that the victim aged about 14 years was subjected to rape by her brother-in-law (Jijaji) and due to rape the victim conceived pregnancy of about 24 weeks and, therefore, considering the age factor and the health of the victim, the application for termination of pregnancy of victim was submitted.

4. After filing of the above mentioned application, this Court has sent the victim to the Civil Hospital, Ahmedabad for the medical report regarding the opinion for termination of the pregnancy of the victim as well as the risk factor etc. It is pertinent to note that here in present case the victim is suffering also from the corona virus (Covid-19) as mentioned in the medical report.

4.1. Afterward, panel of three doctors examined the victim on 06.05.2020 and the panel has produced the report dated 06.05.2020 which is as under:

"As required by above references, a panel of 3 gynecologists of CHA was constituted by HOD Obs. & Gynec Dr. A.U. Mehta to give opinion regarding termination of pregnancy of above mentioned EPR patient.

The members of panel are

1. Dr. H.V. Oza (Additional Professor)

2. Dr. Shirish Toshniwali (Assistant Professor)

3. Dr. Sugandha Patel (Assistant Professor)

The opinion of this panel is as follows:

A. Today pregnancy maturity is 24 weeks + 2 days which is beyond the permissible gestational age for termination (20 weeks) as per the MTP Act of 1971. Hence, Court order would be required for termination of pregnancy.

B. Patient is Covid positive with no morbidity as of today. Medical opinion has been taken and opined that management can be done with precautions.

C. The patient has pregnancy in advanced second trimester wherein termination can be done with due risks for the procedure at this gestation. (Risks including but not restricted to bleeding, retained products requiring further surgical procedure etc.)

So pregnancy can be t