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VIJAY KUMAR SHUKLA
XYZ Prosecutrix through Natural Guardian – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition is filed seeking a direction for termination of the pregnancy of the prosecutrix.
2. The petitioner is a minor rape victim.
3. Learned counsel for the petitioner submits that the prosecutrix and her natural guardian do not want to continue with the pregnancy. By order dated 18.10.2022, this court directed the committee of Doctors at MY Hospital, Indore to examine the prosecutrix and to submit a report before this Court.
4. Learned counsel for the respondent/state submitted a report of MY Hospital, Indore dated 20.10.2022, wherein it is stated that the prosecutrix is having 25 weeks pregnancy and the pregnancy can be terminated. Learned counsel for the petitioner submits that the termination of pregnancy may be done in MY Hospital, Indore as better medical facilities are available there.
5. For the said purpose, the victim shall be produced before the Superintendent of MY Hospital, Indore on 29.10.2022
6. A co-ordinate Bench of this Court in the case of Sunderlal v. The State of M.P. and others [W.P. No.20961/2017, decided on 6.12.2017] has taken into consideration a case under similar situation. It is laid down that a victim of rape cannot be compelled to gi
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
The main legal point established in the judgment is that the anguish suffered by a rape victim can constitute grave injury to mental health, permitting the termination of pregnancy under the Medical ....
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
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