The court upheld the strict provisions of the Medical Termination of Pregnancy Act, emphasizing consent and mental health while ultimately denying the termination due to associated risks.

JUDGMENT :

BISWANATH RATH, J.

1. This Writ Petition involves an application at the instance of a desperate mother seeking permission for terminating the pregnancy of an unmarried, physically handicapped and mentally retarded daughter a rape victim under the provisions of The Medical Termination of Pregnancy Act, 1971 (hereinafter in short be mentioned as “the Act, 1971), The Medical Termination of Pregnancy Rules, 2003, (hereinafter in short be mentioned as “the Rules, 2003”) and The Medical Termination of Pregnancy Regulations, 2003 (hereinafter in short be mentioned as “the Regulations, 2003”).

2. Background involved in this case is that mother of victim claims her major unmarried daughter is not only physically handicapped but also mentally retarded and finding unnatural behavior in her such as untimely vomiting, on close scrutiny and soliciting came to know that she has been raped by accused Sili Majhi and she might be conceived for the said reason. On questioning the accused the mother was threatened to her life with dire consequences. On advise of the village gentries petitioner the mother of the victim reported the matter to the local Police Station and a F.I.R. was accordingly registered in Kujanga Police Station on 13.08.2020 vide Kujanga P.S. Case No.200 of 2020 against the accused person U/s.376(2)(1)/294/506 of I.P.C. Thereafter Police placed the victim before the Medical Officer on 13.08.2020 and as per the report of the Medical Officer vide Annexure-2, it appears, the Doctor in his report on 13.08.2020 not only reported that the victim is a physically handicapped and mentally retarded person but she was also carrying for 16 weeks i.e. almost four months. It was also reported there that there was no detection of recent sexual intercourse. Finding the victim physically handicapped and unable to take care of herself and unmarried besides also mentally retarded, being the mother of the victim with an intention to avoid humiliation in the society, further health hazard to the above victim and as a matter of welfare of the victim girl and baby to take birth by way of this Writ Petition requested this Court for permission for termination of pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971 (herein after in short be mentioned as “the Act, 1971”) and any other relief as deemed fit and proper.

3. With the above background of the case Sri S.C. Puspalaka, learned counsel for the petitioner taking this Court to the provisions at Sections 3 , 4 & 5 of the Act, 1971, Rule 5 of the Rules, 2003 and the provisions at the Regulation, 2003 and further taking this Court to the citations in the case of X v. Union of India as reported in 2016 (14) SCC 382 attempted to satisfy a deserving case for termination of pregnancy. Further taking this Court to the F.I.R at Annexure-1 and the medical report at Annexure-2, the report dated 5.09.2020, the report dated 9.09.2020 at Annexure-A/4 and the last reports dated 12.09.2020 vide Annexure-C/4 series, more specifically for the contents therein reading along with the provisions quoted hereinabove, Sri S.C. Puspalaka, learned counsel for the petitioner while urging this Court’s interference in the matter also requested that looking to the peculiar circumstance involved herein for granting necessary direction to the competent authority as deem fit and proper and also for granting appropriate relief not only to the victim but also to all such who have also become victim in the process.

4. This matter was earlier listed on 4.09.2020. On which date this Court while issuing notice on being satisfied with the prima facie case involved therein