ORDER

1. The petitioners have filed the present petition seeking permission/direction for termination of pregnancy of their minor daughter. According to petitioners, she born in the year 2005. An FIR has been lodged at Crime No.06/2022, Police Station – Dahrampuri, District – Dhar alleging her kidnapping and sexual assault. Because of the said unfortunate incident, she has become pregnant and at present, she is carrying pregnancy of 13 weeks. Since, she is victim of rape, therefore, she is not willing to continue the pregnancy and hence, petitioners are before this court seeking direction to the respondents to terminate her pregnancy.

2. Vide order dated 19.5.2022 this Court directed the concerned Medical Board to examine the condition of the victim as to whether the termination is advisable and it would not effect the health of the victim.

3. The District Hospital, Dhar has submitted a report in this regard which is reproduced below:

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4. Learned counsel for the petitioners submits that in view of the explanation of sub-section (2) of section 3 the termination of pregnancy is permissible.

5. The apex Court in case of Ms. X v. Union of India & Others reported in AIR 2016 SCC 3525 has held that section 5 of the Act lay down the exception to section 3 if as per opinion of less than 2 registered Medical Practitioner gives the opinion of in good faith in respect of termination of pregnancy to save the life of pregnant women. By placing reliance over the aforesaid section the apex Court has granted liberty to the petitioner to terminate her pregnancy. Relevant portion of the aforesaid judgment is reproduced below:

"5. The question that arises for our consideration is, whether it would be justified and legal, to terminate the pregnancy of the petitioner, which the Medical Report itself shows, as of 24 weeks duration? Learned Attorney General representing the Union of India has invited our attention to section 3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'the Act') which is extracted 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 twelve weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of 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 such physical or mental abnormalities as to be seriously handicapped.

Explanation 1.-Where any pregnancy is alleged by the pregnant woman to have been