The central legal point established in the judgment is that the Medical Termination of Pregnancy Act, 1971, allows for the termination of pregnancy under special circumstances, including the risk to the mental health of the pregnant woman.

ORDER/JUDGMENT – Shri Ghanshyam Barman, counsel for the petitioner.

Shri Ankit Agrawal, Government Advocate for the respondents/State. Heard.

The present petition is being filed by the petitioner, who is a rape victim, seeking direction from this Hon’ble Court to get her pregnancy terminated.

2. It is alleged that on 21-6-2021 Shubham Vishwakarma committed a sexual intercourse with the petitioner against her will on the basis of false pretext of marriage resulting into pregnancy of which an FIR bearing Crime No. 1176/2021 for offences punishable under section 376 and 376(2)(n) of the Indian Penal Code and section 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 was got registered at Police Station Adhartal, Jabalpur against Shubham Vishwakaram and he was arrested.

3. It is alleged that the MLC of the victim was got conducted and report dated 5-8-2021 was submitted finding petitioner to be having a pregnancy of 8 weeks. It is submitted that she does not want to continue with her unwanted pregnancy for which she has filed the present petition seeking leave of this Court to permit her to get her pregnancy terminated as the same will be having serious consequences in future life.

4. It is seen that this Court vide order dated 16-9-2021 directed the State counsel to get a report from the Chief Medical and Health Officer, Jabalpur regarding termination of pregnancy of the petitioner. In pursuance to the order passed by this Court, a report has been submitted on 23-9-2021 as Annexure D-1 along with a covering letter, dated 23-9-2021, which reads as follows : –

“Office of the Superintendent Rani Durgawati Hospital Jabalpur (M. P.) No/Gen/2021/ Jabalpur, Date To, The C.M. and H.O. Jabalpur Sub.- Regarding Opinion for the Termination of Pregnancy of victim A. Ref- Letter No. Kra.Mu.li./2021/895 Jabalpur, date 20/09/2021 Sir, - The Victim A age 20 yr. D/O Babulal Satnami R/o Chandamari Talaiya Jabalpur. - Victim A came with her mother for examination. - Victim A is not sure of her LMP and according to her it was 4-5 months. - Victim is un married. - Her vitals are GC fair, Afebreile, P-90 per min., BP-110/70. She is well oriented to time, place and person. - P+, lct-cya-,E-,Rs-Chest Clear, CVS-S1-S2-N,P/A-ut 14 Wks EB+, P/v-os closed - USG-21-9-2021 by Radiologist of RDH, JBP is Suggestive of single live fetus of GA 15 wks +-1 wk. - Adv. Other Investigation - CBC, ESR, HIV, HBs Ag, ABorh, VDRL, RBS, T3 T4 Tsh, Urine-R and M Opinion-As Victim A is 20 yr of age Termination of Pregnancy can be done according to the MTP Act with her consent only. - As Victim A is 15 wks + - 1 wk Pregnant, so as in certain cases termination is not possible only with Abortion pills and Surgical Intervention is some time needed to complete the process. - Termination can only be done by explaining the risk factors and Obstetrics complications to the parents and victim. - As stated by Psychiatrist-on current Mental status examination no psychiatric abnormality could be detected.

Dr. Neeta Parasher Dr. Bhawna Mishra Dr. Neha Ramsinghani Dr. R. K. Khare Gynaecologist Gynaecologist Psychiatrist Radiologist”

5. From the perusal of the report, it is seen that the petitioner is aged about 20 years and is a victim of rape. She is having a pregnancy of 15 weeks + 1 week. It is observed in the report that initially the attempt will be made to get the pregnancy terminated with the help of abortion pills, but in case a surgical intervention is required then steps can be taken for termination of pregnancy through surgical intervention.

6. Medical Termination of Pregnancy Act, 1971 provides for termination of certain pregnancies by registered medical practitioners and for the matters connected herewith incidental thereto. The relevant provisions as are under : –

3. When pregnancies may be terminated by registered medical practitioners. – (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a register