The central legal point established is that under the Medical Termination of Pregnancy Act, 1971, termination of pregnancy is permissible if it poses a risk to the pregnant woman's life or health, with specific provisions for minors.

1. The prayer made in this writ petition is to issue a mandamus, directing the second respondent to medically terminate the unwanted pregnancy of the petitioner - minor girl aged about 17 years, at the earliest.

2. The case of the petitioner is that as her parents are working, she left alone in the home. Taking advantage of the situation, one Vicky @ Vignesh sexually exploited her, due to which, she became pregnant. According to the petitioner, a case in Crime No.1062 of 2018 was registered against the said Vicky @ Vignesh for the offences punishable under Sections 5(i)(ii) and 6 of the Protection of Child from Sexual Offences Act and the same is pending investigation. Since she is not prepared to give birth to a child and also wants to pursue her studies, she along with her parent approached the second respondent for terminating the pregnancy. But the second respondent refused to do so, as the petitioner is a minor girl. Hence, this writ petition.

3. Heard both sides and perused the records.

4. Before going into the issue involved herein, it is but necessary to refer to Section 3 of the Medical Termination of Pregnancy Act, 1971, which reads as follows :

“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 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 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.- 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.

Explanation 2.- Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable foreseeable environment.

(4)(a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian.

(b) Save as otherwise provided in Cl.(a), no pregnancy shall be terminated except with the consent of the pregnant woman.”

5. It is manifest from the above provision that the intention behind the same is to save the pregnant woman; so far as the medical practitioners are concerned, if they find that the pregnant woman happens to be a minor, they must take care to get the consent of the guardian in writing; and for termination, length of pregnancy should not exceed twenty weeks.

6. In the present case, the petitioner is pregnant of 10 weeks gestational age, as per the medical examination and report. She and her father expressed their willingness for termination of pregnancy for securing the minor girl's health and life.

7. However, on 14.09.2018,