The right to life of a fetus underpins legal decisions regarding pregnancy termination, emphasizing no termination is allowed without substantial health risks present.

1. Proceedings of this matter have been taken - up through video conferencing.

2. The petitioner, who is a girl aged about 20 years and is into her 26 weeks and 4 days of pregnancy as on 3-10-2020, has filed this petition seeking direction to the respondents to allow her to undergo medical termination of pregnancy on the ground that she being a rape victim is under great mental agony on account of sexual abuse and she is mentally and physically not in a position to carry the child specifically when her pregnancy is on account of rape, therefore, applying the best interests theory, she should be allowed to undergo termination of her pregnancy.

3. This petition came - up for hearing before this Court on 30-9 - 2 2020. This Court constituted a Medical Board consisting of Chief Medical and Health Officer, District Hospital, Mahasamund, one or two senior Gynaecologists available in the hospital and a Radiologist to get the petitioner examined in five aspects as mentioned in the order and accordingly, the petitioner was examined by the said Medical Board on 1-102020 and the said Medical Board submitted its report. According to the said report, she was found mentally sound and physically well except anaemic and over all condition of fetus is found alive. It was further reported that she may be allowed to complete the pregnancy, but since she has consumed some drugs for medical termination of pregnancy, there is high risk of congenital anomalies in fetus. The ultrasound test report appended to the medical report states that the Sonologist has recommended anomaly scan, but anomaly scan could not be conducted in District Hospital, Mahasamund as such a test is not available there. When the matter was again taken - up for hearing on 2-10-2020, it was noticed that fetus echo and anomaly scan are required to be done in order to consider the prayer made by the petitioner in the writ petition. Accordingly, again, Medical Board was constituted consisting of Dean, Medical College, Raipur; two senior Gynaecologists, one Radiologist, one Psychologist and one Pathologist and the Medical Board was directed to examine the petitioner. They have submitted report after examination stating that fetus has no major obvious detectable congenital anomaly, but further held that fetal congenital anomalies cannot be ruled out and further diagnosed single live intrauterine fetus. On anomaly 3 scan, it was observed that no obvious fetal anomaly was seen and even fetus echo has been found normal holding that no significant abnormality is seen. Copy of the report of Medical Board, Raipur was filed before the Court and same has been supplied to learned counsel for the petitioner and learned amicus curiae and thereafter, the matter was placed for consideration today.

4. Mr. Anish Tiwari, learned counsel appearing for the petitioner, would submit that the petitioner and her fetus which she is carrying have been found normal and there is no medical issue with the petitioner or with the fetus and there is no congenital anomaly at present, but, yet on the basis of Explanation 1 appended to S.3 of the Medical Termination of Pregnancy Act, 1971 (for short, ''the MTP Act''), the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the petitioner - pregnant woman. Thus, in view of the decision of this Court in the matter of Amita Kujur v. State of Chhattisgarh and others1, the petitioner is entitled for a direction for termination of pregnancy as a matter of right.

5. Mr. Sunil Otwani, learned Additional Advocate General appearing for the State / respondents, would submit that though there is no medical issue either with the pet