The fundamental right of a woman to choose not to give birth to a child is a dimension of personal liberty under Article 21 of the Constitution of India.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

"(I) Issue a writ in the like nature commanding the concerned respondent for the termination of pregnancy of the petitioner to secure life and future of the petitioner.

(II) To grant any other relief deemed proper to the facts and circumstances of the case."

2. The facts necessary for disposal of the present petition in short are that the petitioner has filed this petition on the allegation that she came to Jabalpur on 1.6.2020 for training as Community Health Officer and during verification of the documents, she met with accused Sonu Chouraya, R/o. District Chhindwara, who helped her out in verification of the documents. Thereafter, they became friends and exchanged their mobile numbers. On various occasions, accused Sonu Chouraya expressed his feelings that he is in love with her and wants to marry her. When the petitioner informed that she belonged to scheduled caste then accused Sonu Chouraya expressed that he is ready for inter-caste marriage. On 26.6.2020, on the date of the birth of the petitioner, accused Sonu Chouraya proposed her and inspite of her reluctance, he had physical relations with her. It was also expressed by Sonu Chouraya that from today she is his wife and on the pretext of marriage, Sonu Chouraya had physical relations with her. On 25.11.2020 at about 10:00 p.m., Sonu Chouraya informed that tomorrow he would talk to his parents about the marriage and also had physical relations with her on the said date. On 26.11.2020, Sonu Chouraya went back to his house and now she has come to know that she is pregnant. When the fact of pregnancy was informed to Sonu Chouraya then he refused to marry her on the ground that he cannot marry her without permission of his parents and also insisted that now the prosecutrix must look after her and should not rely on him. On the basis of the report made by the petitioner, the police has registered Crime No. 452/2020 at Police Station Omti, District Jabalpur for the offence under Sections 376, 376(2)(n), 417 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. It is submitted by learned counsel for the petitioner that the petitioner was infact raped by Sonu Chouraya by misconception of fact that he would marry her and, therefore, the consent of the petitioner is no consent as per the provision of Section 90 of the Indian Penal Code. It is further submitted that now the petitioner has got the appointment and in case if she is compelled to deliver a child then it would amount to mental trauma and agony to the petitioner as well as it would be impossible for the petitioner to upbring the child.

4. This Court by order dated 28.1.2021 had directed the respondent No. 4 to constitute a Medical Board for medical examination of the petitioner as well as to produce the report of the Medical Board whether termination of the pregnancy may cause any medical complication or not and whether at this stage the termination of pregnancy is possible or not.

5. Learned Panel Lawyer for the State has produced the medial report prepared by the Medical Board in a sealed cover, which reads as under:-

The CMO

Jabalpur

Sub:- Opinion regarding termination of pregnancy of victim-A (the name of the victim is not being mentioned) D/o Umakant, Age 28 years Case No. WP-1008-2021

Sir,

In reference to your letter No. 1175/Legal/2021 dated 29.1.2021, we have examined the Victim-A, D/o Umakant, Age 28 years and findings are as follows.

She is having amenorrhea of 3 months. LMP=4.1.2020. She is unmarried. She is k/c/o Hypothyroidism: 10 years taking Tablet Thyroxin 75 mp. 1 OD