The court's decision emphasized the importance of considering the mental and physical well-being of the victim in allowing the termination of pregnancy beyond the statutory limit.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral) - The instant writ petition has been filed invoking writ jurisdiction of this Court for issuance of a writ in the nature of Mandamus directing the respondents to terminate the pregnancy of victim 'X' daughter of the petitioner in view of the provision of the Medical Termination of Pregnancy Act, 1971.

2. Learned counsel appearing on behalf of the petitioner contends that the minor victim 'X' has filed the instant petition through her natural guardian-her father. She contends that the petitioner was subjected to rape as a result whereof she got pregnant. An FIR No. 440 dated 21.10.2022 under Sections 363, 366-A, 376, 450 and 34 of the IPC and Section 4 and 17 of the Protection of Children from Sexual Offences, Act, 2012 has been registered at Police Station Punhana, District Nuh. She submits that the petitioner is a minor and continuation of the pregnancy will cause a great physical and psychological trauma to the minor and further contends that she being dependent for her own self is not in a situation to take care of the child in case she is supposed to give birth. Learned counsel for the petitioner submits that since the pregnancy is more than 24 weeks old, the petitioner is bound to approach this Court for seeking termination of the pregnancy in accordance with the statutory mandate.

3. Vide order dated 09.11.2022, the petitioner was directed to appear before the Medical Board of the Shaheed Hasan Khan Mewati Govt. Medical College & Hospital, Mewat. A report from the Board of Directors was also called for in this regard.

4. Pursuant to the said order, the petitioner appeared before the Medical Board of the Shaheed Hasan Khan Mewati Govt. Medical College & Hospital, Mewat and subjected herself to the medical examination. A report of Board of Directors has been handed over to the Court today and the same is taken on record as Mark 'A'. The relevant extract of the said report as under:-

Report of Board of Doctors on Victim "X" in CWP No. 25508-2022 titled as Mrs. X versus State of Haryana & Ors.

In reference to letter No. SHKM/MS/2022/11303 dated 18/11/2022 issued by the Medical Superintendent Office, in compliance of the orders passed by the Hon'ble High Court on dated 18.11.2022, a Board of the Doctors was constituted to conduct the Medical Examination of the Victim "X" on dated 19.11.2022. During the medical examination of the Victim X, the following are the observations of the Board:

1. According to history patient's last menstrual period is not known.

2. On clinical examination Height of the uterus is corresponding to 26 weeks of gestation.

3. Patient's general condition and vital parameters are normal.

4. There is history of itching and evidence of skin lesions over both upper and lower extremities.

5. Hemoglobin is 11.9 gram% and other investigations are within normal limits.

6. Ultrasound done on 12/11/2022 there is single live intrauterine pregnancy of 24 weeks 2 days with no gross congenital anomalies.

7. Based on history and mental status examination, it is found that she is mentally fit at present to understand the nature of procedure & its consequences.

Medical Board on opinion that:-

X is around 25 to 26 weeks pregnant.

According to the MTP amendment Act, 2021. pregnancy can be terminated upto 24 weeks of gestation and above that period of gestation, it is at discretion of the Hon'ble Court.

X is a minor (teenage pregnancy) considered high risk pregnancy and continuation of pregnancy may cause grave injury to her mental health.

She is fit for termination of pregnancy.

Termination of pregnancy around 25-26 weeks of gestation is associated with potential risk of medical and surgical complications as well as mental agony.

Submitted, pls.