ORDER

1. The petitioner has filed the present petition seeking termination of pregnancy. Accordingly to her he has become pregnant due to commission of rape at that time she was minor. Since, she is victim of rape, therefore, she is not willing to continue the pregnancy and hence, she is before this Court seeking direction to the respondents to terminate her pregnancy.

2. Vide order dated 8.5.2021 this Court has directed for medical examination of the petitioner and in compliance of the said order she was examined on 12.5.2021 . Today learned Panel Lawyer has submitted the report in Court and as per the opinion given by the team of doctors the pregnancy of the petitioner can be terminated safely and there would be no harm to her. The report is reproduced below :

To,

The CMHO,

District Mandsaur,

Subject: regarding clinical examination of Ms. X, daughter of Ram Vilas Resident of Indira Colony, Mandsaur for medical

termination of pregnancy.

Reference: WP No.9279/20212 Date 8.5.2021.

Sir,

We Dr.P.Rathore (Gynecologist), Dr.Mena Verma (MO) Dr.Sunil Kumawat (PGMO) examined this patient identification mark over forehead and found that her vitals pulse 90/min, BP 120/80, spo2 98% are normal. Her investigation HIV-NR-VDRL-NR hemoglobin 10.3%, UPT Positive.

P/A soft

P/V os closed

Uterus 12 week size

Sir, MTP can be done safely at the level of District Hospital.

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

4. The apex Court in case of Ms. X Vs. Union of India & Others, reported in AIR 2016 SCC 3525 has held that section 5 of the Act lays 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 judgement 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 caused by rape, the anguish caused by such pregnancy shall be presu