The court affirmed that medical termination of pregnancy beyond 24 weeks is not permissible unless specific medical criteria are met, emphasizing the need to balance the reproductive rights of the guardian with the fetus's rights.

ORDER :

VISHAL DHAGAT, J.

1. Petitioner has filed this petition under Article 226 of the Constitution of India making a prayer for granting permission for medical termination of pregnancy of a minor girl, who is represented by her guardian, father. Prosecutrix was subjected to rape and become pregnant.

2. Counsel appearing for the petitioner submitted that FIR was lodged on 29.11.2024 of rape on a minor mentally challenged girl aged about 14 years. MLC was done on 30.11.2024 and she was pregnant about 21 weeks and 3 days and as on 30.1.2025, she was pregnant for 30 weeks and 1 day. Father is sole guardian, labourer and he will not be able to handle the grave situation. Looking to the age of a girl and impact of pregnancy on her physical, mental and psychological well being and societal repercussions, petitioner may be permitted to terminate the pregnancy. Minor girl is not capable of taking care of herself and bringing up of child. Petitioner is having reproductive autonomy. Petitioner is a woman and she is having right to take decision to give birth or not. It is submitted by her that opinion of Medical Board must not be restricted to the criteria under Section 3 (2)(B) of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to `Act of 1971') and may also evaulate physical and emotional well being of pregnant person. In these circumstances, prayer is made for medical termination of pregnancy.

3. Govt. Advocate for the State has produced the medical report of examination of victim. Report was not clear and nothing has been said, therefore, to help Court to decide on medical termination of pregnancy, second opinion was called for vide order dated 4.2.2025. Second medical opinion report dated 5.2.2025 is received and same is reproduced as under:-

1. On the basis of examination & available reports, the fetus seems normal and has not apparent anomaly that is incompatible with life.

2. Continuation of Pregnancy does not pose any grave risk to the health of survivor/prosecutrix.

3. Termination of pregnancy at 30 weeks may be riskier to the survivor than spontaneous labour at a later period of gestation.

Govt. Advocate submitted that Court may take decision on the basis of medical opinion given by the Board regarding termination of pregnancy.

4. Heard learned counsel for the parties.

5. Medical termination of pregnancy can be done irrespective of age of fetus provided that case is covered under Section 3 (2-B) or under Section 5 (1) of the Act of 1971. As per aforesaid provision, if Medical Board forms an opinion that termination is necessitated by diagnosis of substantial foetus abnormalities or in cases where medical practitioner in good faith is of opinion that termination of pregnancy is immediately necessary to save the life of pregnant woman. From perusal of the report, it is found that fetus is normal and there is no apparent abnormality that is in- compatible with life. Further medical board has also formed an opinion that pregnancy does not pose any grave risk to health of survivor i.e. prosecutrix. This is coupled with the opinion that termination of pregnancy at 30 weeks may be riskier to the survivor. Since termination of pregnancy is not permissible under the Act of 1971, therefore, writ petition has been filed under Article 226 of the Constitution of India seeking permission of High Court to terminate the pregnancy of a rape survivor who is minor mentally challenged. Survivor or sexual assault of rape victim or incest can get pregnancy terminated up to period of 24 weeks in accordance with the Act and Rules.

6. Explanation 2 to Section 3 l