This writ petition is filed by the petitioner seeking direction to the 2nd respondent to conduct Medical Termination of Pregnancy (MTP) for the petitioner, and for other related reliefs. In order to maintain privacy, the name of the petitioner will be hereinafter referred to as 'X' and the privacy shall be maintained by the Registry while issuing certified copy of the judgment, and while forwarding the judgment for reporting and other purposes. Material facts necessary for the disposal of the writ petition are as follows:

2. Petitioner is a victim of rape and is in need of Medical Termination of Pregnancy. She approached the Government Hospital, Kasaragod, but they declined to do MTP. Thereafter, she approached the 2nd respondent for termination, but there also, it was informed that MTP cannot be conducted as the pregnancy period has exceeded 20 weeks. It is in this background, this writ petition is filed seeking direction to respondent No.2 to conduct MTP, and a direction to the 3rd respondent to collect sample and do the needful for DNA test of the child in the womb.

3. According to the petitioner, intimacy was developed by her with one person while she was working in a shop, and the said person has cheated the petitioner and by giving promise of marriage, she was successively subjected to sexual relationship, by which she became pregnant. However, the said person solemnized marriage with another lady on 14.05.2016, and accordingly she preferred a complaint, evident from Ext.P1 FIR.

4. Petitioner was admitted in Government Hospital, Kasaragod on 18.07.2016 and was treated for three days and discharged on 21.07.2016. Even though petitioner requested for MTP, the hospital authorities told her to come on another day. Thereafter, again she was admitted as in patient on 01.08.2016 and discharged on 03.08.2016. However, nothing took place. Again, she went to the hospital on 17.10.2016 and was treated as out patient. Being confronted with such situation, petitioner approached the 2nd respondent for MTP. However, stating that the pregnancy period has exceeded 20 weeks, 2nd respondent refused to conduct MTP. These are the circumstances persuaded the petitioner to approach this Court seeking the reliefs sought for.

5. Heard learned counsel for the petitioner and the learned Government Pleader, and perused the documents on record and the pleadings put forth by the petitioner.

6. Ext.P1 FIR reveals, petitioner has filed a complaint against the person and police has registered a crime, alleging offence under Sec.376 of the Indian Penal Code. Therefore, there is a prima facie case put forth by the petitioner. Now, the question is whether MTP could be done by the 2nd respondent as per the provisions of the Medical Termination of Pregnancy Act, 1971 [for short, Act 34 of 1971], and the Rules and Regulations thereto. Sec.3(1) of the Act enables a registered medical practitioner to terminate pregnancy in accordance with the provisions of this Act, irrespective of the penal provisions contained under the Indian Penal Code. Sub- section (2) of Sec.3 permits termination, subject to sub-section (4), which are as follows:

"(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,-

(a) where the length of the 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 good faith, that-

(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 1 reads as follows:

"Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguis