The court allowed the termination of a minor's pregnancy resulting from rape, prioritizing her mental health and well-being over the continuation of the pregnancy.

JUDGMENT

Mr. Namit Kumar, J. (Oral)

Prayer in the present writ petition is for seeking termination of pregnancy of minor victim who has become pregnant on account of offence of rape committed upon her by her neighbour and a case bearing FIR No.59 dated 16.03.2024, under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, and under Section 376 of the Indian Penal Code, 1860, has been registered at Police Station Sahnewal, District Police Commissionerate, Ludhiana.

2. Learned counsel appearing for the petitioner contends that the date of birth of the minor petitioner (victim) is 01.01.2011 and she is aged about 13 years and is a student of 6th class and is continuing her studies in Government High School, Lohara, District Ludhiana. The petitioner had a friend, aged about 16 years, in her neighbourhood, and she occasionally went to her friend's home. Few months ago, when the petitioner went to her friend's home, her friend's brother offered a glass of juice to her and after consuming the same, she became unconscious and thereafter, two brothers of her friend namely Mahinder Singh and Shiv Kumar, committed rape upon her and made obscene videos. When the petitioner gained consciousness, she was threatened by both the accused persons. The petitioner got very frightened but still, both the aforesaid accused persons along with one Gaurav, who runs a mobile shop at Gyan Vidyalaya, Peepal Chowk, near Rudra Enclave, Ludhiana, and one more unknown person committed rape upon the petitioner many times and she was being threatened by the accused persons not to disclose anything with regard to the alleged act. Later on, when the petitioner became pregnant, she disclosed everything about the alleged incident to her mother. Thereafter, the medical examination of the minor petitioner was conducted whereupon she was found pregnant for 21 weeks and 02 days. In this regard, an FIR No.0059 dated 16.03.2024 under Sections 4 and 5 of the POCSO Act and Section 376 IPC was registered at Police Station Sahnewal, District Police Commissionerate, Ludhiana.

3. Learned counsel for the petitioner submits that the petitioner is a minor and continuation of her pregnancy will cause a great physical and psychological trauma and she further contends that the petitioner herself is dependent upon her parents and, therefore, she is not in a position to take care of the child in case she is supposed to deliver a child. She further submits that since the pregnancy is more than 21 weeks old, the petitioner is bound to approach this Court for seeking termination of her pregnancy in accordance with the statutory mandate.

4. Vide order dated 19.03.2024, the minor petitioner (victim) was directed to appear before Civil Surgeon/Chief Medical Officer, Civil Hospital, Ludhiana on or before 21.03.2024, for her medical examination and other necessary tests. A report from the Board of Doctors was also called for in this regard.

5. Pursuant to the said order, the minor petitioner appeared before the Medical Board of the Doctors at Ludhiana and subjected herself to medical examination. A report of Board of Doctors, Ludhiana, 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, is as under:-

"On 20.03.2024

A Board of Doctors comprising of Dr. Sachayta (Gynae), Dr. Lakhwinder Kaur (Gynae), Dr. Harsimran (Psychiatrist) is constituted by SMO I/C MHC, Ludhiana, to get opinion regarding termination of pregnancy of prosecutrix 13 years old d/o Ajay Parsad.

Ultrasound dated 20.03.2024 vide No.SAN/89/CH/LDH done at Civil Hospital, Ludhiana, shows single life Intra-Uterine pregnancy of 21 weeks + 6 days. Her LMP is 21.10.2023. The Board is of the opinion that her pregnancy can be terminated under MTP Act, 1971 with Amendment, 2021 after seeking psychological advice by the Psychiatrist who is one of the Board members.