Heard the parties.

2. The petitioner, who is a victim, of rape has filed this writ petition for a direction upon the respondents to take proper action for termination of the pregnancy of the petitioner. A further direction has been sought for to give care and protection to the petitioner as the incident of rape and her subsequently becoming pregnant has already caused severe physical and mental trauma upon her.

3. This Court on 13.10.2017 had directed the Management of Mahatma Gandhi Medical College Hospital, Jamshedpur to constitute a Medical Board to examine the petitioner. The Medical. Board submitted its report stating therein that on the basis of clinical and ultrasonography, duration of pregnancy is about 23 weeks +/- one week and termination of pregnancy can be done up to twenty weeks of pregnancy in terms of the provisions of the Medical Termination of Pregnancy Act, 1971.

4. Since the Medical Board of M.G.M. College Hospital did not give its opinion with respect to getting the fetus aborted, the Board was once again directed to give its opinion and a subsequent report was submitted on 14.10.2017, in which it was stated that the medical termination of pregnancy in second trimester is risky. Since no definite opinion was given by the Medical Board with respect to the degree of risk involved in such termination while rejecting the report of the MGM College and Hospital dated 13.10.2017 and 14.10.2017, the Superintendent of RIMS was directed to constitute a Medical Board for examination of the petitioner.

5. Pursuant to the order dated 14.10.2017, a Medical Board was constitute,d under the Chairmanship of the Medical Superintendent, RIMS, Ranchi, which consisted of the following Members :–

(i) Dr. S.K. Choudhary, Medical Superintendent, RIMS, Ranchi Chairman

(ii) Dr. R.K. Jha, H.O.D. Department of Medicine, RIMS, Ranchi Member

(iii) Dr. Anubha Vidyarthi, H.O.D. Department of Obst and Gynae, RIMS, Ranchi Member

(iv) Dr. Suresh Kumar Topno H.O.D. Department of Radiology, RIMS, Ranchi Member

(v) Dr. Sanjay Kumar H.O.D. Department of FMT, RIMS, Ranchi Member

6. The opinion of the Medical Board dated 15.10.2017 is as follows :-

(i) Age of said person is 15 years +/- 1 year

(ii) Medical termination of pregnancy having fetus of gestational age of about 23 weeks 1 day +/1 week can be done under special circumstance with some medical/surgical and interventional risk as in any other ordinary such case.

7. The report of the Medical Board thus does not suggest that there is a grave risk to the petitioner if termination of her pregnancy is carried out.

8. Dr. S.K. Choudhary, Medical Superintendent, RIMS, Ranchi and Shri Abhishek Srivastava, Deputy Secretary, Department of Health are physically present before this Court. Dr. Choudhary, has also reiterated what is opined by the Medical Board and has stated that there is no grave risk to the petitioner if termination of her pregnancy is carried out.

9. The petitioner is a victim of rape Her age has been assessed by the Medical Board as 15 years +/- 1 year. A minor girl's future is at stake. Considering the ignominy, she has already suffered on account of becoming pregnant, due to the sexual abuse, she was subjected to by the accused, giving birth to a child• would further stigmatise and traumatise the petitioner.

10. Section 3 of the Medical Termination of Pregnancy Act, 1971 provides the circumstances when pregnancy may be terminated by the registered medical practitioner. Explanation I to Section 3 of the Act reveals 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. Section 3 of the Act contains the provisions - dealing with the termination of different duration and it sets an outer limit of 20 weeks and beyond such period, it is not permissible to terminate such pregnancy. Section 5 of the Act lays down exception to Sectio