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2018 Supreme(UK) 212
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sudhanshu Dhulia, J.
Ms. X - Petitioner
Versus
State of Uttarakhand & others - Respondents
Writ Petition (M/S) No. 1909 of 2018
Decided On : 17-07-2018
Advocate Appeared:
For the Petitioner: Mr. Pankaj Sharma
For the State : Mr. Yogesh Pandey
The main legal point established in the judgment is that the Medical Termination of Pregnancy Act, 1971 imposes restrictions on the termination of pregnancy, particularly beyond 20 weeks, and the necessity to save the life of the pregnant woman.
Headnote:
PREGNANCY - MEDICAL TERMINATION OF PREGNANCY - Medical Termination of Pregnancy Act, 1971, Section 3, Section 4, Section 5 - The court discussed the provisions of the Medical Termination of Pregnancy Act, 1971, particularly focusing on the limitations for termination of pregnancy, exceptions, and the necessity to save the life of the pregnant woman. The court emphasized the restrictions imposed by the law and the medical opinions regarding the termination of pregnancy.
Fact of the Case:
The petitioner, a 16-year-old girl, sought medical termination of her pregnancy which was beyond 20 weeks. She alleged that she was kidnapped and later found to be pregnant. Despite her willingness and her mother's consent, the doctors refused to terminate the pregnancy, leading to the writ petition.
Finding of the Court:
The court found that the petitioner's pregnancy was beyond the permissible limit for termination under the Medical Termination of Pregnancy Act, 1971. The medical board's opinion stated that there was no substantial risk to the child or the petitioner's life, and hence, termination was not recommended.
Issues: The main issue was whether the court should grant the petitioner's request for medical termination of pregnancy beyond the statutory limit of 20 weeks.
Ratio Decidendi: The court held that under the circumstances and as per the medical opinions, the prayer for termination of pregnancy could not be granted.
Final Decision: The writ petition was dismissed, and the court held that the termination of pregnancy could not be allowed under the facts and circumstances of the case.
Sudhanshu Dhulia, J.
The petitioner who is a 16 years old girl has filed the present writ petition before this Court with the following prayers:-
“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to medically terminate the pregnancy of the petitioner and provide adequate medical facility in view of the age, health and future of the petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to treat the petitioner’s case as special case and waive of the statutory limit of 20 weeks under the M.T.P. for the termination of the pregnancy of the petitioner.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay compensation of Rs.10 Lacs to the petitioner.”
2. It is alleged in this writ petition that an FIR was lodged by the petitioner’s mother on 25.04.2018. According to the FIR, the petitioner was kidnapped by one Rihan. Thereafter on 26.05.2018, the petitioner was recovered and was medically examined. At this stage, there was no indication in the medical report that she was pregnant. The petitioner has filed the present writ petition saying that later when she was medically examined on 25.06.2018, the period of her pregnancy was 21 weeks and 3 days. At this stage, she wanted to terminate the same, on which she had the consent of her mother, yet the doctors refused to terminate the pregnancy, and therefore she filed the writ petition before this Court for the above relief.
3. This matter had first came before this Court on 06.07.2018 where a learned Single Judge of this Court had passed the following order:-
“Mr. Pankaj Sharma, Advocate for the petitioner.
Mr. Yogesh Pandey, Dy. A.G. for the State.
Heard.
Today, when the matter is taken up, learned Dy. A.G. makes a request that the matter be taken up at 2.00 P.M. to enable him to seek instructions in the matter. On his request, the matter is posted in the post lunch session. When, the matter is taken up in the post lunch session, learned Dy. A.G. informs the Court that the Chief Medical Officer, Nainital has expressed her willingness to constitute a Medical Board consisting of not less than three members, including two Senior Gynecologists, who will examine the petitioner in terms of Section 5(1) of Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as ‘Act’).
In view of the statement made by learned Dy. A.G., petitioner is directed to appear before the Medical Board constituted in B.D. Pande (Female) Hospital, Naintial on 07.07.2018 at 12.30 P.M.
The Medical Board shall assess the medical condition of the petitioner in the light of Section 5(1) of the aforesaid act and submit its report. The Medical Board shall also assess the medical condition of the foetus and the age of the petitioner.
The report of the Medical Board shall be produced before this Court in sealed cover, on or before the next date of listing.
List this matter on 11.07.2018.
In the meantime, learned counsel for the respondents may file counter affidavit.
Learned counsel for the petitioner orally prayed that petitioner’s name and identity may not be disclosed at any stage of these proceedings, as it may adversely affect her future.
Having regard to the facts and circumstances of the case, the oral prayer made by learned counsel for the petitioner is allowed.
Registry is directed to re-register the writ petition in the name of Ms. X Vs. State of Uttarakhand and others.
Let certified copy of this order be supplied to learned counsel for the parties, today itself on payment of usual charges.”
4. Thereafter a team of three doctors examined the petitioner on 07.07.2018. The medical report of the Medical Board reads as under:-
“Gynaecological Report – As per history and abdominal examination the average age of fetus is about 20 – 22 weeks.
LMP – 19-02-2018
EDD – 26-11-2018
Weight – 46 Kg
P/A FH – 20-22 weeks EB present
Investigations – awaited.
Unimmunized.
Radiological Rep
