The court can allow termination of pregnancy beyond the statutory limit if there are compelling reasons, especially in cases involving minors and victims of sexual offenses.

JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to terminate the unwanted pregnancy of the petitioner's sister's daughter minor Durgadevi, Daughter of Ilangovan, aged 15 years, born on 01.09.2004 as per the recommendation of the second respondent in No.181/Ma.Ku.Pa.A/2020, dated 09.07.2020, caused due to the crime committed against her in Crime No.7 of 2020 for the offence under Sections 4, 5(i)(ii), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012, by considering the petitioner's representation dated 09.07.2020, within a time frame as fixed by this Court.)

1. The petitioner's sister's daughter (Minor) Durgadevi, is a victim in Crime No.7 of 2020 on the file of the fifth respondent Police registered for the offence under Sections 4, 5(i)(ii), 5(n) and 6 of POCSO Act, 2012. According to the petitioner, after the demise of the victim girl's mother, taking advantage of the family situation, the father and grandfather of the victim girl committed the crime against her. Due to the offence committed upon the victim girl, she got pregnant and she is now 7 months pregnant. Since the victim is a Minor girl, aged about 15 years, the petitioner has moved the authorities to terminate the pregnancy of her sister's minor daughter, as it would affect her both physically and mentally. Alleging inaction on the part of the authorities, she has filed the instant Writ Petition seeking a Writ of Mandamus to direct the first respondent/Dean, Thanjavur Medical College and Hospital, Thanjavur, to terminate the pregnancy of her sister's minor daughter.

2. Learned Counsel appearing for the petitioner would submit that the petitioner took the victim girl in Raja Mirasudar Hospital, Thanjavur and the victim was subjected for medical examination by the Doctor. The Doctor, after examination, opined that the victim was 7 months pregnant. Based on the complaint given by the petitioner's sister's daughter, a case in Crime No.7 of 2020 for the offence under Sections 4, 5(i)(ii), 5(n) and 6 of POCSO Act, 2012, has been registered against the accused. Thereafter, the petitioner took the victim girl to the Government Hospital at Thanjavur and requested them to terminate the unwanted pregnancy. They have admitted her in the Hospital, but refused to terminate the pregnancy, because of the registration of a criminal case. Further, one Indirani, Assistant Professor, Department of Obstetrics and Gynaecology, Govt. Raja Mirasudar Hospital, Thanjavur, examined the said victim girl and in view of her physical and mental health condition, suggested for terminating the pregnancy. Based on this report, the District Child Protection Officer has addressed a letter to the District Legal Services Authority, Thanjavur, requesting appropriate action, but there was no further progress. According to the learned Counsel appearing for the petitioner, delay in taking any decision for terminating the pregnancy would affect the victim badly and therefore, prays for allowing this petition.

3. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. At this juncture, it is relevant to refer Section 3 of the Medical Termination of Pregnancy Act, 1971 (in short 'the Act'), which deals with termination of pregnancy and the same is extracted 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 exce