The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.

1. On being urgency shown in the petition, the matter has been taken up in the winter holidays on 24.12.2024, and detailed medical report of the petitioner from the Medical Board, Bilaspur, constituted for the Medical Termination of Pregnancy (MTP) under the Medical Termination of Pregnancy Act, 1971 (for short, "the Act of 1971") was called. After her examination, the Medical Board has submitted its report today itself, which is being taken on record, and then, this Court proceeds to decide the matter.

2. The petitioner, who is a victim of rape, and sexual violence, has preferred this writ petition on 23.12.2024 for termination of pregnancy, which, according to her, is a result of commission of offence of rape upon her, with the following prayer:

"This Hon'ble Court may kindly be pleased;

(a) To allow the Petitioner to terminate her ongoing pregnancy through registered medical practitioners at any approved private of Government center or Hospital before the completion of 24 weeks of pregnancy, and / or;

(b) To direct Respondent No. 4 to constitute a Medical Board of five well reputed doctors including the doctors from the Department of Obst. and Gynecology, Department of Neonatology and Department of Psychiatry to examine the petitioner (victim) physically and as well as psychologically to submit a feasibility report in terms of the Medical Termination of Pregnancy Act, 1971 read with the Medical Termination of Pregnancy R.2003 along with determining the following:

(i) Whether carrying the pregnancy to the full term would impact upon the physical and mental well being of the Petitioner?

(ii) Whether termination of the pregnancy can be carried out at this stage without any threat to the life of the Petitioner?

(iii) Whether the age of the Petitioner would impact on the health condition of the Petitioner in case of medical termination of pregnancy?

(iv) Whether the petitioner and her parents are consenting the said procedure as explained by the Doctors with regards to medical termination of pregnancy?

(b) To facilitate the pre - operational and post operational procedure, medical expenses and medical care of the Petitioner.

(d) Pass any other order as this Hon'ble Court deems fit in the interest of justice of good conscience."

3. The petition was came up for hearing before this Court on 24.12.2024. On that day, this Court called a detailed report from the Medical Board constituted under the Act of 1971, and under the Notification dated 7th June, 2024, issued by the State Government, which consists of one Gynecologist, one Pediatrician, one Radiologist / Sonologist, and any other member, as required in the case, available in the hospital, to examine the petitioner. Examination report of the patient / petitioner with regard to her physical and mental state; Stage of pregnancy; Overall condition of foetus; How far the termination of pregnancy will be detrimental; How far it be detrimental, if the petitioner is allowed to complete full term of pregnancy; and Investigation report, and the report was directed to submit through the Collector, Bilaspur. The Collector, Bilaspur was also directed to ensure the compliance of order dated 24.12.2024, and to submit the report of Medical Board on 26.12.2024 before this Court. In compliance of that order, medical report of the petitioner has been submitted through the State counsel, which is taken on record.

4. Shri Ashish Tiwari, learned counsel for the petitioner would submit that the petitioner, who is vi