The court's decision was based on the interpretation of the Medical Termination of Pregnancy Act, 1971, and the legal presumption regarding pregnancy resulting from rape, as well as the best interests and substituted judgment tests established in case law.

JUDGMENT :

1. Heard Sri Mahendra Pratap, learned counsel for the petitioner, Mrs. Subhash Rathi, learned Additional Chief Standing Counsel and perused the record.

2. The instant petition has been filed by a minor through her father and natural guardian praying for a mandamus directing the State respondents to permit the petitioner to terminate her pregnancy.

3. The facts of the case are extracted in our previous order dated 03.06.2022 and the same is reproduced below:-

"Heard Sri Mahendra Pratap, learned counsel for the petitioner, Sri Mohan Srivastava assisted by Sri Hari Keshav for the State-respondents and perused the record.

The instant petition has been filed by a minor through her father and natural guardian praying for a mandamus directing the respondents to permit her to terminate her pregnancy.

As per High School Examination Marks Sheet-cum-Certificate dated 27.06.2020, the date of birth of the petitioner is 3.1.2005. She is therefore still a minor having not attained majority under the provisions of Indian Majority Act, 1875 whereunder the age is 18 years. The petitioner is alleged to be a rape victim. A first information report was lodged by her father on 10.4.2022 in relation to the incident dt. 3.3.2022 registered as Case Crime No.0089 of 2022. Initially the first information report was registered under Section 363 IPC but during course of investigation, Section 376 IPC and 3/4 Protection of Children from Sexual Offences Act 2012 have been added. Learned counsel for the petitioner has placed reliance on Explanation I of sub-Section (2) of Section 3 of the Medical Termination of Pregnancy Act, 1971, as amended from time to time (hereinafter referred to as 'the Act') in contending that the pregnancy has resulted in great anguish to the petitioner and the entire family. It is submitted that continuance of pregnancy would risk the life of the petitioner as well as her physical and mental well being. He has also placed reliance on Explanation II whereunder in a case of rape, anguish caused by pregnancy, is presumed to constitute a grave injury to the mental health of the pregnant woman.

As per sonography report, the pregnancy was of sixteen weeks five days on 21.4.2022 and is thus now of twenty two weeks five days (+ -1 day). As the pregnancy does not exceed twenty four weeks, it could be terminated as per Section 3 of the Act.

It is pertinent to note that under Section 3 it is permissible to allow a pregnant woman to terminate pregnancy if its continuance involves a risk to her life or grave injury to her physical or mental health. Under Explanation I, the Court is empowered to presume that such a pregnancy constitutes a grave injury to mental health of the pregnant woman. Under sub-section (4) of Section 3 in case of a minor the pregnancy could be terminated with the consent in writing of her guardian. Section 3 (2C) mandates that every State Government or Union Territory by notification in Official Gazette, shall constitute a Board to be called a Medical Board for the purposes of this Act. It should consist of a Gynaecologist, a Paediatrician, a Radiologist or Sonologist and such other number of members as may be notified in the Official Gazette by the State Government or Union Territory, as the case may be. Sri Mohan Srivastava, learned Standing Counsel has received instructions from the Chief Medical Officer, Allahabad that so far the State Government has not notified constitution of the Medical Board.

Learned counsel for the petitioner submitted that since the petitioner is a resident of district Baghpat, therefore, it would be convenient for her to get her pregnancy terminated at Lala Lajpat Rai Medical College, Meerut.

Accordingly, we direct the Principal, Lala Lajpat Rai Memorial Medical College, Meerut to constitute a Board of four experts one each in the field of Gynecology, Psychiatry, Radiology or Sonology and Pediatrics.

The first Additional District Judge, Meerut shall act as a member cum co-ordinator of t