Termination of pregnancy beyond 24 weeks requires substantial foetal abnormalities or immediate health risks, as per the Medical Termination of Pregnancy Act.

ORDER :

Nupur Bhati, J.

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioners seeking medical termination of pregnancy of their minor daughter seeking following relief(s):-

“It is, therefore, prayed that by this Hon’ble Court may kindly be pleased to:

1. Issue appropriate writ, order or direction to the respondent No.5 to constitute a Medical Board constituting a Gynecologist; a Pediatrician; a Radiologist or Sonologist; a Psychiatrist; and any other expert that may be deemed necessary for conducting medical examination of the petitioners’ daughter.

2. The respondents may be further directed that in case the Medical Board is of the opinion that termination of pregnancy of the minor victim can be undertaken without risk to her life, the respondents shall ensure that termination of pregnancy of the minor victim is undertaken by competent doctors in accordance with the provisions of the Medical Termination of Pregnancy Act and rules framed thereunder.

3. The respondents may be directed to maintain the privacy of the petitioners’ daughter at all stages and her identity should not be disclosed in the course of hosptialization, treatment and admission.

4. The respondents may be directed to pay suitable amount of compensation to the petitioners’ daughter, who is a victim in terms of the provisions contained under the Rajasthan Victim Compensation Scheme, 2011.

5. Pass any other appropriate order or direction that the Hon’ble Court deems just and proper in the facts and circumstances of the present case..”

2. It is averred by the counsel for petitioners that petitioners’ daughter is a rape victim and she does not wish to continue the pregnancy. He also submits that the petitioners herein i.e. father and mother of the victim, also do not want their daughter to continue the pregnancy.

3. On the request of the petitioners, this court vide order dated 20.03.2025 gave following directions:

“...3.In view of the above, this Court deems it appropriate to direct the Principal of the RNT Medical College, Udaipur to constitute a medical board of three specialized doctors, who shall examine the petitioner’s daughter so as to see whether the termination of the pregnancy would be feasible taking into consideration the health of the petitioner’s daughter and conduct the sonography of the minor for the purpose of ascertaining current gestation age of the foetus. The mother of the minor is directed to take her daughter to the RNT Medical College, Udaipur, for sonography tomorrow itself.

4. It is further directed that the sonography report as well as the opinion of the Medical Board be placed before this Court on the next date of hearing. Learned AAG is directed to ensure compliance of this order….

4. Upon the directions of this Court, a Medical Board was constituted on 21.03.2025 and the Medical Board has rendered its opinion, which reads as under:-

“Yes, Denied because pregnancy is of 29 weeks 2 days on dated 21/3/2025 with 1315 gm of approx. weight.”

5. The medical as well as sonography reports dated 21.03.2025 produced, are taken on record.

6. At this juncture it would be appropriate to take into consideration the relevant provisions of the Medical Termination of Pregnancy Act, 1971 (‘MTP Act’) and the Medical Termination of Pregnancy Rules, 2003. Section 3 of the MTP Act is being reproduced as under:

“3. When pregnancies may be terminated by registered medical practitioners. —(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), 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 the pregnancy does not exceed twenty weeks, if such medical practitioner is, or

(b) where the length of