$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07 September, 2024 + W.P.(CRL) 2728/2024 MINOR N THR MOTHER P .....Petitioner Through: Mr.Anwesh Madhukar and Ms.Prachi Nirwan, Advs. alongwith petitioner in person. versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr.Yasir Rauf Ansari, ASC with Mr.

Alok Sharma and Mr. Vasu Agarwal, Advs for the State alongwith PSI Amrita, P.S. Jaitpur.

Ms.Arunima Dwivedi, CGSC with Ms.Pinky Pawar, Advocate for UOI and Dr.Yamini Sarwal, Department of Obstetrics & Gynecology, Dr.Sumitra Bachani, Department of Obstetrics & Gynecology, Dr.Shefali Gupta, Department of Radiology, Dr.Amit, Department of Pediatrics and Dr.Abhilasha Yadav, Department of Psychiatry, VMCC & Safdarjung Hospital, New Delhi (through VC).

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T ANOOP KUMAR MENDIRATTA, J (ORAL)

1. A writ petition under Article 226 read with Article 21 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred by a minor through guardian, for permission to undergo medical termination of pregnancy with the following prayers:-

“i) Direct the Respondent No. 2 to form a board comprising not less than two registered medical practitioners and submit an opinion qua the medical termination of pregnancy of the Petitioner as warranted under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971. And;

ii) Further direct the Respondents No.1 & 2 to medically terminate the pregnancy of the Victim/Petitioner in view of the Explanation No. 2, Section 3(2) of the Medical Termination of Pregnancy Act, 1970 (as amended till date). And iii) Direct Respondent No. 1 to bear all the expenses necessary for the termination of the pregnancy of the Victim, her medicines, food etc; and iv) Direct the Respondent No. 2 to preserve the terminal feotus for the purposes of DNA testing which would be required with reference to the criminal case which stands registered; and/or v) Pass any other order(s) as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case.”

2. In brief, victim aged about 16 years with gestation period of approximately 26⁺⁵ weeks, is alleged to have been sexually assaulted in March, 2024 but the pregnancy was only detected on 27.08.2024 when she complained of pain in the abdomen and was taken to a hospital for treatment. FIR No.351/2024 under Section 376 IPC and Section 4 of POCSO Act was accordingly registered at P.S.: Jaitpur on 28.08.2024. Victim alleged that she was sexually assaulted by one of the tenants in the premises in March, 2024 who had thereafter left the premises.

3. Thereafter, the victim was directed to be kept in the Children’s Home/SAA/fit facility PCH(G) for a period of short term, by the Child Welfare Committee. Victim is also stated to have given her written consent to abort the pregnancy on examination at Safdarjung Hospital.

4. Present petition has been preferred on 04.09.2024 which was taken up for an urgent hearing on the same day and directions were issued to the Medical Superintendent, Safdarjung Hospital, New Delhi to get the victim examined on 05.09.2024 as under:

“Considering the facts and circumstances, Medical Superintendent, Safdarjung Hospital, is directed to get the victim examined on 05.09.2024 at 12:30 PM in accordance with law through a medical board as provided under MTP Act, and also assess the physical and mental well-being of the victim, for the purpose of medical termination of pregnancy. The medical board shall also opine whether termination of pregnancy can be carried out at this stage without any threat to the life of minor; since the safety and welfare of the minor is of paramount importance. Victim/guardian shall also be provided with appropriate counselling and duly informed about the procedural and medical aspects including complications, if any, for purpose of having an informed consent of victim as well as guardian.

The rep