The anguish caused by pregnancy resulting from rape is presumed to constitute a grave injury to the mental health of the pregnant woman, as per Explanation 1 of Section 3 of the Medical Termination of Pregnancy Act, 1971.

1. Instant petition is filed by mother of the minor victim of rape seeking termination of pregnancy. The victim allegedly, is 15 years old which fact is supported by copy of birth certificate issued by the Senior Medical & Health Officer and Registrar of Births and Deaths, Shillong Municipal Board wherein the date of birth is recorded as 22.04.2003.

2. Vide order dated 01.11.2018, the Director Health Services, Meghalaya was directed to constitute Medical Board of registered medical practitioners for examining the victim in tune with requirement of Section 3(2)(b) of The Medical Termination of Pregnancy Act, 1971[hereinafter referred to as the Act of 1971]. In compliance whereof, the Board has been constituted comprising of nine members which include (1) Dr. T.S. Nongkhlaw, Director of Health Services (MI), Meghalaya, Shillong, (2) Dr. O. Lamare, Joint Director of Health Services (SS), Civil Hospital, Shillong, (3) Dr. (Mrs.) N. Wanswett, Medical Superintendent (Jt. DHS), Ganesh Das Govt. MCH Hospital, Shillong, (4) Dr. M.R. Basaiawmoit, District Medical & Health Officer, East Khasi Hills District, Shillong, (5) Dr. (Mrs.) W. Shangpliang, Gynaecologist, Ganesh Das Govt. MCH Hospital, Shillong, (6) Dr. (Mrs.) Y. Shabong, Paediatrician, Ganesh Das Govt. MCH Hospital, Shillong, (7) Dr. L. Slong, Radiologist, Ganesh Das Govt. MCH Hospital, Shillong, (8) Dr. B. Sohliya, Pathologist, Ganesh Das Govt. MCH Hospital, Shillong, and (9) Dr. S. Tariang, Medical Specialist, Ganesh Das Govt. MCH Hospital, Shillong. They have prepared a report as is produced by the learned Sr. GA., wherein, it is mentioned that examination reveals, pregnant female is with gestational age of approximately 16 (sixteen) weeks. The gynaecologists are of the opinion that she can undergo termination of pregnancy carrying risks like Haemorrhage (Bleeding), Shock, Infection, retained products of conception, Cervical & Uterine injuries, Embolic Phenomena, Secondary Infertility (due to tubal Blockage), Hazards of Anaesthesia as per the gestational age. It is also mentioned that termination of pregnancy at this stage if unsuccessful by medical methods may need major surgical procedures requiring General Anaesthesia.

3. The Board has recorded its opinion as under:

“The Board is of the opinion that the termination of pregnancy can be carried out in the present case, at the earliest, as:

1. The age of the patient is about 15 (fifteen) years.

2. The gestational age of pregnancy is 16 (sixteen) weeks.

Moreover, as the pregnancy has already reached 16 weeks it is advisable that if termination of the pregnancy has to be carried out it has to be carried out at the earliest in view of the fact that the higher the period of gestation the more the complications that may arise.

Furthermore, the condition of the pregnant female will be reviewed again before any procedure is initiated regarding termination of pregnancy.”

4. Learned Sr. GA has also produced a copy of a Notification dated 09.10.2017 issued by the Health and Family Welfare Department No. Health.225/2001/67, in terms whereof, Permanent Medical Board in accordance with Government of India’s instructions with the following members has been constituted:

1.	Director of Health Services (MI), Meghalaya, Shillong	Chairman
2.	Joint Director of Health Services (SS) Civil Hospital, Shillong	Member Secretary
3.	District Medical & Health Officer, East Khasi Hills District, Shillong	Member
4.	Medical Superintendent (Jt. DHS) Ganesh Das Hospital, Shillong	Member
5.	Senior most Gynaecologist, Ganesh Das Hospital, Shillong	Member
6.	Senior most Paediatrician, Ganesh Das Hospital, Shillong	Member
7.	Radiologist, Ganesh Das Hospital, Shillong/Civil Hospital Shillong	Member
8.	Pathologist, Ganesh Das Hospital, Shillong/Civil Hospital Shillong