SYED ROSHAN ZAMIR ALI

2025:CGHC:57073 Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.11.26 NAFR

13:45:42 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6057 of 2025

1. A (Particulars Are Being Mentioned In The Closed Envelop Attached Herewith)

... Petitioner versus

1. State of Chhattisgarh Through Secretary, Ministry Of Public Health And Welfare, Mahanadi Bhawan, Naya Raipur, District-

Raipur (Chhattisgarh)

2. Chairman District Medical Board, Bilaspur District Bilaspur (CG)

3. The Chief Medical Health Officer (Cmho) Bilaspur, District-

Bilaspur, Chhattisgarh.

4. Station House Officer Police Station Civil Lines, Bilaspur District- Bilaspur, Chhattisgarh.

... Respondents)

For Petitioner : Mr. Aman Tamboli, Advocate For Respondents : Ms. Upasana Mehta, Govt. Advocate SB: Hon'ble Mr. Justice Parth Prateem Sahu

Order On Board

24/11/2025

1. A minor victim of forcible sexual intercourse/rape by accused in Crime No.1290/2025 registered at Police Station Civil Lines Bilaspur, has filed this writ petition seeking following reliefs:-

“10.1. That, this Hon'ble Court may kindly be pleased to call for the entire records from the respondents for its kind perusal.

10.2. That, this Hon'ble Court be pleased to allow the petitioner for medical termination of her pregnancy.

10.3. That, this Hon’ble Court be pleased to direct the respondents to make all necessary arrangements to facilitate the petitioner to terminate her pregnancy and to take all necessary steps required in this regard under the supervision of medical experts.

10.4. That, this Hon’ble Court be further pleased to direct the respondents to preserve the DNA sample of the fetus for further reference regarding FIR Annexure P-1.

10.5. That this Hon’ble Court be further pleased to pass such other orders as this it may deem fit under the facts and circumstances of the case.”

2. This writ petition came up for hearing on 18.11.2024 and on that date, this Court directed respondent No.3 to arrange medical examination of petitioner by a team of experts including a Gynecologist 3 and to submit report on the health of petitioner and also whether termination of pregnancy can be carried out on petitioner.

3. Pursuant to the said order, the petitioner was examined by three medical practitioners of District Hospital Bilaspur and medical report of petitioner is placed on record along with covering memo dated 24.11.2025. The doctors, who medically examined petitioner, have opined that as gestation age is 21 weeks 1 day, therefore, medical termination of pregnancy can be performed according to the Medical Termination of Pregnancy Act, 2021.

4. I have heard learned counsel for the parties and perused the documents available in record.

5. To deal with the prayer made in the writ petition, it would be necessary to refer to Section 3 of the Medical Termination of Pregnancy Act, 1971, as amended upto date, which is extracted below:-

3. When pregnancies may be terminated by registered medical practitioners.--(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under the Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,-

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty four weeks, in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are of the opinion, formed in good faith, that,-

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental heath; or (ii) there is a substantial risk that if the child were born, it would suffer f