The central legal point established in the judgment is the consideration of the Medical Termination of Pregnancy Act, the right to live with dignity, and the need for medical and psychiatric support in determining the appropriate course of action for the termination of a minor victim's pregnancy.

JUDGMENT

Raj Mohan Singh, J.(Oral) - Petitioner has preferred this writ petition for the issuance of an appropriate writ, order or direction in the nature of mandamus, directing respondent No.2 (PGIMER), Chandigarh to medically examined the petitioner (minor victim of rape) through its Permanent Medical Board and after assessment, terminate her pregnancy, which is about 27 weeks and 6 days.

2. On 09.08.2022, following order was passed:-

'Petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus directing respondent No.2 - Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh to medically examine the petitioner (minor victim of rape), through its permanent medical board as there is an imminent danger to her life attributable to her forced pregnancy.

As of now, the petitioner is having more than 27 weeks of pregnancy. The victim has become pregnant owing to misdeeds of her neighbour. FIR has already been registered against the accused.

Learned counsel for the petitioner submits that the minor victim has become pregnant and it will be humiliating and dangerous to her life to give birth to a child keeping in view her tender age. There is a substantial risk in case of delivery of a child and the minor may suffer physical and mental abnormalities. For terminating pregnancy of 12 weeks of gestation period, satisfaction of one medical practitioner is required. If the pregnancy is more than 12 weeks and upto 20 weeks, then satisfaction of two medical practitioners is required. In case of pregnancy of more than 20 weeks, opinion of Medical Board is required. When the woman/victim is below the age of 18 years, or is mentally ill, then pregnancy can be terminated on the basis of consent given by a guardian of minor girl/ woman.

Learned counsel further submits that the victim is very much available in Chandigarh. The present petition has been filed through her natural guardian i.e. mother. Continuation of pregnancy may endanger physical and mental health of the victim and the termination would be subject to opinion of the Medical Board in order to rule out any such contingency.

Notice of motion.

At this stage, Mr. Abhishek Premi, Advocate, accepts notice on behalf of respondent No.2 - PGIMER and submits that in case the victim appears before the Medical Superintendent, PGIMER, Chandigarh at 10:00 AM tomorrow, then the victim shall be medically examined by a duly constituted Medical Board.

In view of the aforesaid, the petitioner (mother) alongwith the victim is permitted to appear before the Medical Superintendent, PGIMER on 10.08.2022 at 10:00 AM. The Medical Superintendent, PGIMER shall ensure that Medical Board, after medical examination of the victim, give assessment report regarding termination of pregnancy of the victim. The said report shall be sent to this Court in a sealed cover. If possible, medical opinion be furnished to this Court in after-lunch session.

Adjourned to 10.08.2022.

To be shown in urgent list."

3. In compliance of the aforesaid order, the victim has been examined by the Permanent Medical Board of PGIMER, Chandigarh.

4. Today, a report of Medical Board has been received in a sealed cover. Report has been opened and is marked as Mark 'A-1' and the same be tagged at an appropriate place in the paper book.

5. Perusal of the aforesaid report would give the following characteristics:-

1. Medical Board reviewed the case on 10th august, 2022. As per USG doone on 10.8.2022, her gestation was found to be 27+6 weeks with a normal foetus with weight of 1.12 kg with no congenital malformations.

2. The patient has been examined by Internal Medicine Physician and found to be physically fit.

3. On evaluation by psychiatrist, she is mentally distressed due to this pregnancy and expresses active suicidal idea if pregnancy is continued.

4. Medical termination of pregnancy at an advanced gestation of 27 weeks + 6 days carrries more than the usual risks to the patient herself