JUDGMENT :

Kuldeep Tiwari, J. (Oral)

1. Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, who has recently attained legal adulthood, craves for issuance of directions upon the respondents to provide her with adequate medical assistance for the termination of her pregnancy, as the pregnancy is the result of sexual assault.

GROUNDS CANVASSED IN THIS WRIT PETITION FOR SECURING THE RELIEF OF PREGNANCY TERMINATION

2. Compendiously and concisely, the averments set forth in this writ petition are that, consequent upon the petitioner allegedly becoming subjected to sexual assault by one Sahil son of Ishwar Chand, on account whereof, she became pregnant, her father got lodged against him the FIR No.161 dated 17.06.2025, under Sections 3(5), 64(2)(m), 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, and, Section 6 of the Protection of Children from Sexual Offence Act, 2012, at Police Station Civil Lines, Kaithal, investigation whereof is pending. With these averments, a prayer is made that, since the pregnancy is the outcome of a sexual assault, hence the petitioner does not want to continue with her unwanted pregnancy, as it would cause grave injury to her physical and mental health. Resultantly, prayer is made for grant of permission to the petitioner to medically terminate her unwanted pregnancy.

PROCEEDINGS BEFORE THIS COURT AND REPORT OF THE BOARD OF DOCTORS

3. This Court had passed the hereinafter extracted order on 04.07.2025 upon the instant writ petition.

'1. The sole prayer engraved in the instant writ petition, as cast under Article 226 of the Constitution of India, appertains to issuance of directions upon the respondent(s) to provide her adequate medical help for medical termination of her pregnancy.

2. Succinctly stated; consequent upon the petitioner allegedly becoming subjected to sexual assault by one Sahil son of Ishwar Chand, on account whereof, she became pregnant, her father got lodged against him the FIR No.161 dated 17.06.2025, under Sections 3(5), 64(2)(m), 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, and, Section 6 of the Protection of Children from Sexual Offence Act, 2012 at Police Station Civil Lines, Kaithal, investigation whereof is pending. With these averments, prayer is made that, the petitioner does not want to continue with her unwanted pregnancy, as it would cause grave injury to her physical and mental health, therefore, permission be granted to medically terminate her unwanted pregnancy.

3. Taking into account the facts and circumstances narrated in the instant petition, this Court deems it appropriate, at this stage, to direct the petitioner to approach the Principal/Chief Medical Officer, Civil Hospital Kaithal, District Kaithal-respondent No.2, on 05.07.2025, whereupon, the latter shall constitute a Board of Doctors, as per the provisions of the Medical Termination of Pregnancy Act, 1971, to find out the age of the foetus, as well as the health condition of mother and the foetus, and thereupon, shall submit a status report in this regard, positively on or before 10.07.2025. Since the issue relates to the termination of pregnancy, where time is the essence, therefore, this Court presuppose that there should not be any kind of delay on the part of the doctors concerned, in making compliance of the directions (supra).

4. The S.H.O. of the jurisdictional police station concerned is also directed to extend every possible help to the petitioner for the above purpose. Moreover, the S.H.O. concerned is also directed to, on the next date of hearing, file his personal affidavit before this Court disclosing therein the status of the FIR (supra).

5. A copy of this order be also supplied to the learned State counsel, and petitioner's counsel under signatures of Special Secretary of this Court, for strict compliance.

6. List on 10.07.2025, in the urgent list.'

4. In deference to the directions enclosed in the hereinabove extracted order, today the learned State counsel h