The central legal point established in the judgment is that the court has the power to permit the termination of a minor victim's pregnancy, even when the gestational period exceeds 20 weeks, based on the grave danger to the victim's physical and mental health.

JUDGMENT :

ABDUL QUDDHOSE, J.

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the second respondent to terminate the 27 weeks pregnancy of V. Priyadarshini, daughter of K. Vijayakumar, aged 13 years through qualified doctors under the Medical Termination of Pregnancy (Amendment) Act, 2021 forthwith.

1. The instant case has been filed by a desperate father of a victim girl seeking for medical termination of his minor daughter's pregnancy. The rape victim girl X was impregnated by the accused who has been charged with the offence in Cr. No. 09/2022 under sections 5(j)(ii)r/w 6 of POCSO Act.

2. In the affidavit filed in support of this writ petition, the petitioner has stated that the minor victim girl is 28 weeks + 3 days pregnant. This Court, by its earlier order dated 14.07.2022, directed the first respondent to nominate a team of Doctors and medically examine the victim girl and submit a feasibility report with regard to the medical termination of her pregnancy. As directed by this Court, the first respondent has nominated a team of Doctors who have medically examined the rape victim girl and have filed an unanimous report before this Court on 14.07.2021. The said report dated 14.07.2022 is accompanied by a covering letter dated 14.07.2022 addressed by Dr. K. Thirumal Babu, MD, DM, Government Thiruvannamalai Medical College Hospital, Thiruvannamalai to the State Government Pleader Office. In the Report, it has been submitted by the Doctors that the victim girl X is about 28 weeks + 3 days pregnant and their recommendations have also been given. The relevant portions of the medical report dated 14.07.2022 reads as follows:

“Miss Priyadharshini D/o K. Vijayakumar, aged-13 years, residing at No. 40, Thoppur, Palamaruthur, Thiruvannamalai (Dt) is a PRIMI Gravida with LMP and EDD - Not Known. IP No. 971229, AR No. 2675489. Expert USG on (05.07.2022) - 28 weeks + 3 days. Her height is 139 cm and weight is 36 kg. BP is 110/70 mm HG.

This gestation carries risk for termination of pregnancy as well as continuation of pregnancy in the minor girl.”

3. This Court heard Dr. S. Amutha, DDVL, Joint Director (MTP), Directorate of Family Welfare, Chennai and Dr. Vijaya Murali, Deputy Director (Inspection), Directorate of Family Welfare in open Court and they expressed that it is feasible to terminate the pregnancy of the petitioner's daughter. They also submitted that the rape victim is mentally weak and not in a position to deliver a child at such a young age.

4. Dr. Arumai Kannu, HOD of Obstetrics and Gynaecologist, Government Thiruvannamalai Medical College Hospital was also heard through video calling and she has also reiterated the Medical Report, which is placed on record before this Court today and also confirmed that it is feasible to terminate the pregnancy of the victim girl and it is also feasible even though the gestational period is 28 weeks + 3 days.

5. Section 3 of the Medical Termination of Pregnancy Act, 1971 deals with cases when pregnancy may be terminated by medical Practitioners and it 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.

(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 g