The central legal point established in the judgment is that the court may permit the medical termination of pregnancy for a minor rape victim if there is a risk to her life and mental health, as provided in the Medical Termination of Pregnancy Act, 1971.

JUDGMENT

Avneesh Jhingan, J. (Oral). - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. The present writ petition raises a disheartening situation whereby 11 years' old girl through her natural guardians have approached this Court seeking directions to undergo medical termination of the pregnancy being a rape victim. The pregnancy has progressed to 23 rd week.

3. It is pleaded that the victim was raped by the respondent No. 5 and she conceived. On the statement made by mother of the victim, FIR No. 45, dated 10.08.2020 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 376-A, 376-B, 452 and 506 of the Indian Penal Code, 1860 was registered at Police Station Assandh, District Karnal, Haryana. The parents gained knowledge of pregnancy when the victim complained of stomach pain and she was taken for treatment, the Doctor informed that she is pregnant. Thereafter, on asking, the victim disclosed that she was raped 4-5 months ago. An ultra-sound was conducted on 11.08.2020 and it was reported :-

"Single live intrauterine pregnancy of 21w1d+/-2 wks gestation (Biometry attached) with regular cardiac activity and normal movement with variable presentation at the time of examination. Placenta is Posterior in upper uterine segment. Amniotic fluid is adequate for gestation. Fetal head, spine, cerebellum, Kidneys, urinary bladder and stomach bubble are normal, heart is four chambered. Umbilical cord shows two umbilical arteries. Cervical length 3.5 cm on TAS."

4. The District Administration was approached by moving an application. The statement of mother of victim was recorded that she does not want to carry the foetus and wants termination. The application was forwarded to the Director, Kalpana Chawla Government Medical College, Karnal by the Civil Surgeon, Karnal. The medical board opined that the pregnancy falls beyond the period prescribed in the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the Act ) and termination shall be undertaken only after permission from the Court. Hence the present petition.

5. Notice of motion was issued on 20.08.2020. Learned State counsel accepted the notice on behalf of the respondents No.1 to 4 and sought time to file a reply/verification report.

6. The accused in FIR has been impleaded as respondent No.5 in the present petition. The office reported that notice to respondent No.5 could not be issued for non-payment of process fee.

7. Considering the nature of the prayer and urgency involved in the matter, as each day's delay would affect the medical procedure for termination, the respondent No.5 is not considered to be a necessary party in the petition.

8. Learned State counsel sent a reply/verification report dated 25.08.2020 through electronic medium, same is printed and taken on record.

9. As per report, the medical board was constituted, the victim was examined on 22.08.2020. The opinion of the board is as under-

" Alter taking thorough history and conducting medical examination, the undersigned board is of the opinion:-

1. That the said child, (name withheld) is 11 years, 7 months and 4 days old as on 25.08.2020 (as per the Birth Certificate issued by Registrar Birth and Death, Municipal Committee, Assandh vide no. 204, dated 17/02/2009 & Aadhaar Card No.2747-7046-5254).

2. That she is having pregnancy of duration 22 weeks 2 days +/- 2 weeks and considering the duration of pregnancy, termination of pregnancy in this case at this stage would be in contravention with legal provisions of Medical Termination of Pregnancy Act, 1971.

3. That continuance of pregnancy in this case would involve risk to the life of the said pregnant child as well as grave injury to her mental health.

4. That termination of pregnancy in this case also involves risk to her life.

5. Considering the circumstances in this case, the termination of pregnancy may be carried out with due risk and further action in this regard coul