The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.

ORDER :

1. The present petition is preferred by the father of minor rape victim seeking directions from this Court to get terminated her pregnancy. The name of the victim has not been disclosed in this order in view of the provisions of Section 5A of the Medical Termination of the Pregnancy Act, 1971.

2. As per petition, the petitioner has completed her age of 14 years just few days back i.e. on 03.10.2024. An FIR was lodged at Police Station, Narmadapuram Dehat, District Narmadapuram registered as Crime No.482/2024 under Sections 3 76(3), 376(1), 506 (j) (ii) of POCSO Act, 2010 upon the complaint lodged by the petitioner at Police Station, Kotwali, District Betul on 18.09.2024. As per petition, the petitioner was subjected to sexual assault and rape by her relative and later on she was found pregnant. When report was lodged, she was having pregnancy of 26 weeks. The minor petitioner again examined by doctor on 01.10.2024 and it was found that the gestational age of the fetus is about 28 weeks and six days. As the petitioner is minor girl of tender age 14 and is not capable to take care of child and if permitted to give birth to a child, it will result in mental, physical, emotional and social trauma, resultantly the petitioner and her parents have decided to go for medical termination of pregnancy and therefore, with the aid of High Court Legal Aid Committee, the present petition is preferred by the petitioner through her father for seeking permission to terminate the pregnancy of 28 weeks and six days.

3. This Court by order dated 04.10.2024 issued directions to the State to seek opinion of Medical Board to examine the petitioner and submit the report before this Court. On 05.10.2024, the Gandhi Medical College, Bhopal constituted a Medical Board of eight doctors i.e. one Professor, Representative of Superintendent, One Professor of Obstrics and Gynaecology Department, One Associate Professor, each from General Surgery, Pediatrics, Obstetrics and Gynaecology, Obstetrics and Gynaecology, Pathology and Radiodiagnosis to examine the petitioner and submit the report for the purpose of termination of pregnancy beyond 24 weeks. The opinion of the Medical Board for termination of Pregnancy reads as under :-

''2. Opinion By Medical Board for termination of Pregnancy :

(a) Allowed.

(b) Denied : Denied

The Gestational age of the fetus is more than 24 weeks hence medical termination cannot be performed as per MTP Act amendment 2021. In case of permission or order of MTP by Honorable Court such termination can be performed with all the explained risk of anticipated and unanticipated complications related to termination of such high risk teenage pregnancy. Termination of pregnancy at this gestational age and continuation of pregnancy, both carries risk of complications.

Yes"

4. The Medical Board after considering the age of fetus and age of the petitioner expressed the opinion that termination of pregnancy at this stage as well as continuation of preganancy both carries risk of complications.

5. Before filing this petition, petitioner and her parents submitted an application before the Station House Officer, Police Station, Dehat, Narmadapuram with a request to arrange for termination of pregnancy. Meaning thereby, the petitioner and her parents are not interested in giving birth to child. SHO, Police Station, Dehat Narmadapuram forwarded the matter to the High Court Legal Aid Committee and the present petition has been preferred with the consent of the parents of the petitioner who is a minor girl.

6. It is submitted on behalf of the petitioner that petitioner being tender age of only 14 years is not physically capable of giving b