IMPORTANT POINT
The court's decision was based on the interpretation of Section 3 of the Medical Termination of Pregnancy Act, 2021 and the Rules, and the Medical Board's opinion on the advisability of termination based on the gestational age and potential fetal abnormalities.

ORDER :

This writ petition has been filed seeking a writ of mandamus and thereby to direct the 3rd respondent to constitute a Medical Board as per Provisions of Section 3 Amendment Act, 2021 to conduct petitioner’s minor daughter’s medical examination and to submit a report within a period of 24 hours and consequently direct the 3rd respondent to terminate the pregnancy of the petitioner’s minor daughter under the provisions of Section 3 (2) (b) of the Medical Termination of Pregnancy (Amendment) Act 2021 within the time frame fixed by the High Court.

2. The petitioner is representing her minor daughter. It is the case of the petitioner that the petitioner is a coolie and has three daughters and the second daughter (herein after referred to as victim), aged 15 years was forcibly raped by the petitioner’s sister-in-law’s son and a case under Section 376 (2) (n) IPC & Section 5 r/w Section 6 of POCSO Act, 2012 has been registered at Police Station, Thipparthy, vide FIR No.184 of 2023 dated 11.11.2023.

3. It is further submitted that when the victim suffered stomach pain continuously for three days, petitioner approached the Doctor on 16.11.2023 and after examination, the doctor confirmed that the victim is pregnant. Thereafter, the victim had undergone an Antenatal Ultrasound wherein it was revealed that she was carrying a ‘SINGLE LIVE INTRAUTERINE FETUS OF AVERAGE GESTATIONAL AGE OF 27 WEEKS 00 DAYS’.

4. While so, for termination of the victim’s pregnancy, the petitioner approached the office of the respondent No.3 where she was orally informed that ‘permission from the High Court is required for termination.’ Thereafter, the petitioner approached the High Court Legal Service Committee and the Committee vide ROC. No.2428/ HCLSC/2023 dated 28.11.2023, referred the petitioner’s case to the learned counsel, Smt. Nandita Guha, appearing for the petitioner for filling a writ petition before this Court. Hence, the present writ petition.

5. The learned counsel Smt. Nandita Guha appearing for the petitioner submits that the victim is a minor girl, who is studying 10th Class in ZPHS (Girls), Thipparthy, Nalgonda and the victim’s pregnancy was the result of rape and such pregnancy is totally unwanted and unwarranted and the same will cause grave injury to the mental health of the victim as well as it will ruin the victim’s future.

6. To substantiate the case of the petitioner, the learned counsel for the petitioner placed reliance on the orders passed by the Hon’ble Supreme Court as well by this Court in the cases of XYZ Vs. The State of Gujarat & others, 1 2023 LiveLaw (SC) 680 and xxx Vs. Union of India (W.P. No.24850 of 2021) passed by the learned Single Judge of High Court for the State of Telangana.

7. On the other hand, the learned Government Pleader appearing for respondent No.3, on instructions, submits that the petitioner has not approached the office of the respondent No.3. It is further submitted that as per the interim direction dated 04.12.2023 passed in I.A. No.1 of 2023 in W.P. No.32872 by this Court, the 3rd respondent constituted a Medical Board consisting of (6) Six members of Doctors and after conducting the medical examination of the victim had submitted the Medical Board Report dated 05.12.2023 as per which, the termination of the victim’s pregnancy is not advisable and sought to pass appropriate orders.

8. Heard the learned counsel for the petitioner and the learned Government Pleader and perused the material made available on record.

9. This Court on 04.12.2023 in I.A. No.1 of 2023 passed the following interim order, which reads as under;

“This application is filed seeking direction “to the 3rd respondent to constitute a Medical Board as per the provisions as enunciated in terms of Section 3 of Amended Act, 2021 (Section 3 (Explanation 2) and also Sec 3 (2C) and 3 (2D) of the Medical Termination of Pregnancy (Amended) Ac