Termination of 28-week high-risk pregnancy of minor victim permitted beyond statutory limit, safeguarding physical/mental health and right to dignity under Article 21 based on Medical Board opinion.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. The instant writ petition has been preferred on behalf of the victim M female with the following relief:-

(i) To issue a writ, order, or direction in the nature of Mandamus, commanding the respondents to terminate the pregnancy of the petitioner in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021, pursuant to the application filed by the mother of the Petitioner before the learned special Judge (POCSO)/Additional District & Sessions Judge, Dehradun.

(ii) To issue a writ, order or direction in the nature of Mandamus, commanding the respondents to constitute a duly authorized State Medical Board in terms of the provisions of the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021, for the purpose of examining the petitioner and submitting its opinion regarding the medical termination of her pregnancy within a time-bound period, and thereafter to permit termination of the pregnancy in accordance with the opinion of the said Medical Board and in the interest of justice.

2. It is argued by the learned counsel for the petitioner that the petitioner is minor and a victim of an incident and now she is pregnant of 28 weeks and as such respondent be directed to terminate the pregnancy of the petitioner in accordance with the provisions of Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021. On the previous date vide order dated 25.02.2026 the learned A.G.A informed to this Court that the Medical Board 12 members has already been constituted and today Mr. Tumul Nainwal, learned A.G.A. place before this Court the report of the Medical Board headed by Director General of State Medical Council as a Chairman and on pursuant of the report it reveals that the victim examined on 24 and 25 February 2026, and opined that the age of the victim is 14 years having 28 weeks pregnany and she is in high risk pregnancy.

3. Learned counsel for the petitioner submits that in terms of Section 3 of Medical Termination of Pregnancy Act, 1971, the pregnancy can be terminated if the pregnancy exceed twenty weeks but does not exceed twenty four weeks. of the Medical Termination of Pregnancy Act, 1971 is read as under:-

12. Sub-section (1) of Section 3 of the Act provides, that notwithstanding anything contained in the Indian Penal Code, 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 the Act.

13. Sub-section (2) of Section 3 of the Act provides, that 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