The central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking termination of pregnancy.

JUDGMENT :

Heard learned counsel for the parties through video conferencing.

2. Petitioner is a minor girl, who was born on 27.09.2005, as per her date of birth recorded in High School Certificate. She is a victim of alleged rape and sexual abuse. In this writ petition, petitioner has sought a direction to respondents to terminate her pregnancy, as per provisions of Medical Termination of Pregnancy Act, 1971.

3. It is stated in the writ petition that she had made application to the Investigating Officer in respect of F.I.R. No. 188 of 2022 (registered on 25.05.2022 in P.S. Transit Camp, Rudrapur, Udham Singh Nagar) seeking permission to terminate the pregnancy. She had made similar request to District Magistrate, Udham Singh Nagar on 10.06.2022 by making an application, which is on record as Annexure-6 to the writ petition.

4. The relief sought in the writ petition is extracted below:-

“i. Issue a writ order or direction in the nature of mandamus commanding the respondents to terminate the pregnancy of petitioner as per provisions of The Medical Termination of Pregnancy Act 1971 and further The Medical Termination of Pregnancy (Amendment) Act 2021 in pursuance to application submitted by the mother of the petitioner before the District Magistrate Udham Singh Nagar and Investigating officer of First Information Report No. 188 of 2022 under section 363 of IPC Police Station Transit Camp District Udham Singh Nagar and further direct the respondent to preserve the foetus for Deoxyribonucleic acid (DNA) analysis test.”

5. Since petitioner is a minor, therefore, this writ petition has been filed through her mother/natural guardian.

6. The ultrasonography report dated 02.06.2022 is on record as Annexure-3 to the writ petition, which reveals that length of pregnancy is 8 weeks 5 days. Section 3 of the Medical Termination of Pregnancy Act, 1971, as amended in 2021 is reproduced below:-

“3. When pregnancies may be terminated by registered medical practitioners.—(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

[(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,—

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that—

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or

(ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

Explanation 1.—For the purposes of clause (a), where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

Explanation 2.—For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

(2-A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act.

(2-B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply to the termination of pr