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 Termination of Pregnancy Act.

JUDGMENT

1. Heard finally with the consent of both the parties. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

"(i) That, this Hon'ble Court may kindly be pleased to call the record of the matter and direction may be given to the respondents to abort the foetus scientifically as soon as possible and to conduct DNA test of the foetus for the purpose of evidence in the trial.

(ii) Any other relief(s), which this Hon'ble Court deems just and necessary in the facts and circumstances of the case, may also be awarded to the petitioner.'

2. Case of the petitioner is that a report was lodged by her at Police Station Lordganj, District Jabalpur, for offences punishable under sections 376, 506 of the IPC and Sections 5(J)(2)/6, 3/4 of the POCSO Act vide Crime No.509/2022. During investigation, the petitioner came to know about the pregnancy and medical examination was conducted by the registered Medical Practitioner, who gave the report of pregnancy as "positive". Since continuance of pregnancy would cause grave injury to mental health of the petitioner and would create a great mental agony for her entire life and may also invite socio- economic problems, therefore, she has filed the present writ petition seeking direction to the respondents authorities to terminate her pregnancy under the provisions of Sections 3,4 and 5 of the Medical Termination of Pregnancy Act 1971 and rules made thereunder. It is further submitted that according to Article 21 of the Constitution of India, she has right to live with dignity and with personal liberty and there can not be any restriction whatsoever on the exercise of reproductive choices. Admittedly the victim is aged about 17 years and 08 months.

3. This Court vide order dated 09.09.2022 had directed the petitioner to appear before the Dean, Netaji Subhash Chandra Bose Government Medical College, Jabalpur on 10.09.2022 at 10:00 a.m. so that she can be medically examined by the committee of three competent faculties including the Head of Department, Obstetrics and Gynaecogoly and other members of the committee.

4. Today, the report of the committee dated 12.09.2022 constituted of 2 Gynaecologist, and 1 Psychiatrist has been produced by the respondents, which is taken on record. The same is reproduced herein below:-

'Victim, 17 years 08 month Resident of - Lal Kuan Gwarighat, Jabalpur. With reference to the order from Honorable High Court Jabalpur W.P. No. 20715 of 2022 Dated 09/09/2022 we undersigned opine that the victim who is pregnant 29 weeks 5 days (documented obstetrics ultrasonography on 12/09/2022) is Clinically fit by Medical Board Committee for termination of pregnancy.

Opinion- Team of expert committee (2 gynaecologist, 1 psychiatrist) examined the patient and after reviewing the investigation report, we opine that the victim's pregnancy can be terminated with explained written consent & all possible risks of induction procedure.'

5. The Medical Termination of Pregnancy Act, 1971 (for brevity 1971 Act) provides for termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. The relevant sections 3, 4 and 5 of the said 1971 Act are reproduced below for ready reference and convenience:-

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,