IMPORTANT POINT
The court prioritized the welfare of a minor rape victim in granting permission for pregnancy termination, emphasizing health risks and legal considerations.

JUDGMENT :

Anoop Kumar Dhand, J.

The petitioner is a minor victim of rape who was subjected to sexual assault due to which she became pregnant. The First Information Report bearing No. 151/2-24 has been registered against the accused with Police Station Anantpura, Kota for the offence punishable under Sections 363, 376 of IPC and Sections 5(I)/6 of the POCSO Act, 2012.

2. The instant writ petition has been filed by the petitioner seeking permission from this Court for termination of her pregnancy, which is alleged to be of 25 weeks and 3 days.

3. To ascertain the aforesaid aspect of the matter, this Court on 25.4.2024 after hearing the Counsel for the parties and looking to the urgency in the matter, passed an order for constitution of a Medical Board for examination of the health condition of the petitioner with regard to her pregnancy.

4. In compliance of the aforesaid order, the victim was produced by the SHO, Police Station Anantpura, Kota before the Superintendent, J.K. Lon Hospital, Kota who constituted a Medical Board for examination of health condition of the victim with regard to her pregnancy.

5. Thereafter, the Medical Board gave its opinion indicating therein that the petitioner is carrying 25 weeks and 3 days pregnancy but no opinion with regard to health condition of the petitioner was given, hence under these circumstances, this Court vide order dated 25.4.2024 directed the Medical Board to give specific opinion with regard to the two following questions:-

(I) "Whether carrying of pregnancy to the full term would impact upon the physical and mental well being of the minor?"

(II) "Whether termination of the pregnancy can be carried out at this stage and the same would not be any threat to the life of the minor?"

6. In pursuance of the aforesaid order, the Medical Board again re-examined the petitioner and submitted the following opinion on 25.4.2024 which reads as under:-

"Carrying of pregnancy to the full term would impact on the physical and mental well-being of the minor.

The termination of pregnancy at this gestation would be a threat to the life of the minor."

7. Recently, the Hon'ble Apex Court in the case of A (Mother of X) v. State of Maharashtra & Anr., while deciding the Special Leave to Appeal (C) No. 9163/2024, decided on 2.4.2024 has allowed the pregnancy of the minor rape victim carrying pregnancy of 26 weeks.

8. After taken into consideration, the health condition of the said victim who was 14 years of age, following order was passed by the Hon'ble Apex Court in paras 10 and 11 which reads as under:-

"10 The following circumstances have been borne in mind, at this stage:

(i) The medical termination of pregnancy is sought in respect of a minor who is 14 years old:

(ii) The pregnancy is alleged to be an emanation form a sexual assault which was resulted in the registration of a First Information Report. The FIR was recorded on 20.3.2024 beyond the period of 24 weeks envisaged in the MTP Act;

(iii) The minor was unaware of the fact that she was pregnant until a very late stage;

(iv) The Medical Board at Sion Hospital has clearly opined that the continuation of the pregnancy against the will of the minor "may impact negatively on physical and mental well being of the minor who is barely 14 years old"; and

(v) While a certain degree of risk is involved in every procedure for medical termination, the Medical Board has opined that the threat to life of the patient if termination of pregnancy is carried out at this stage is not higher than the risk of delivery at full term of pregnancy.

11. We will further elaborate on the guiding parameters in a reasoned order which will be delivered separately. However, bearing in mind the exigencies of the situation, the welfare of the minor, which is of paramount importance and her safety, we pass the following order:

(i) The judgment and order of the High Court of Judicature at Bombay dated 4.4.2024 shall stand set aside for reasons to follow;

(ii) The Dean at Sion Hospital is requested