The court emphasized the balance between a woman's autonomy in reproductive choices and the medical risks associated with advanced pregnancy, directing a re-examination by a different Medical Board.

JUDGMENT

Vinod S. Bhardwaj, J.

The instant writ petition has been filed invoking writ jurisdiction of this Court for issuance of a writ in the nature of Certiorari for quashing the impugned Order dated 27.06.2024 (Annexure P-3) passed by respondent No.4-President, Medical Board for Pregnancy Termination, Civil Surgeon, Civil Hospital, Hisar.

2. Learned counsel appearing on behalf of the petitioner contends that the petitioner is major and residing at Arya Nagar, Hansi with her family and he submits that the family of accused namely Amarjit son of Laxaman Lal was also residing in the same house. The accused-Amarjit forcibly raped the petitioner against her wishes due to which she was continuously under mental trauma and ultimately on 21.06.2024, she explained the incident to her family members upon which the FIR No. 52 dated 21.06.2024 under Section 376 (2)(n), 452, 506 of the IPC and under section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) was registered at Women Police Station Hansi. The petitioner was, however, pregnant due to the offence committed on her and by the time she realized, pregnancy was beyond 24 weeks and as on 01.07.2024, the pregnancy of the petitioner was 25 weeks and 02 days. The petitioner approached the respondent No.3-Civil Surgeon/Chief Medical Officer, Civil Hospital, Hisar for seeking termination of pregnancy beyond 24 weeks but the concerned Medical Board denied the termination of pregnancy since the same was beyond the aforesaid period. Hence, the present writ petition.

3. Vide order dated 04.07.2024, this Court directed the petitioner to appear before the Civil Surgeon, Civil Hospital, Hisar on or before 08.07.2024 and a report from the Doctor/Medical Board was also called for in this regard.

4. In compliance to the order dated 08.07.2024, the Status report by way of affidavit of Dr. Sapna Gahlawat, Civil Surgeon/Chief Medical Officer, Civil Hospital, Hisar alongwith Annexure R-1 had been filed on behalf of respondents No.1 to 4 on 11.07.2024 which was taken on record. The relevant extract of the aforesaid medical report annexed as R-1 in the said Status Report is reproduced herein:-

5. Available reports and investigations:

6. Additional Investigations (if done):

7. Opinion by Medical board for termination of pregnancy: Ms. Axxxx D/o Sh. Umesh is physically and mentally fit to undergo Medical Termination of Pregnancy subject to permission by the Hon'ble Court. (Physical fitness to be reviewed by Anaesthetist before proceeding to MTP if Hon'ble High Court permits for the same).

Justification for the decision: MTP act allows termination of pregnancy up to 24 weeks for (a) survivors of sexual assault or rape or incest, (b) minors, (c) change of marital status during the ongoing pregnancy (widowhood and divorce), (d) women with physical disabilities major disability as per criteria laid down under the rights of persons with disabilities act, 2016 (49 of 2016)]:, (e) mentally ill women including mental retardation, (f) the foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalitie