Medical termination of pregnancy is permissible for minors under appropriate conditions to protect their health and well-being.

ORAL ORDER

1. Heard learned advocate Ms. Sangita Chauhan for learned advocate Mr. P.V.Patadiya for the petitioner and learned Assistant Government Pleader Ms. Maithili Mehta for the respondent-State.

2. By way of this petition, the petitioner has prayed for the following reliefs :-

“A. Your Lordships may be pleased to admit and allow the present petition.

B Your Lordships may be pleased to issue appropriate writ or order or direction to the respondent authority to terminate the pregnancy of the petitioner who is aged 15 years and 09 Months, at the earliest, as the same being in the best interest of the victim, considering her very young age, physical health and incident of rape causing grave injury to her mental health and further be pleased to direct the respondent no. 3 to hand over, in scientific manner, the tissues drawn from the fetus for DNA identification to the Police Inspector, Utchal Police Station, Tapi for onward transmission of the same to the concerned Forensic Science Laboratory, interest of justice;

(C) Pending admission hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents to conduct medical termination of pregnancy of the minor victim with two qualified surgeons including Gynecologist, Obstetrician and in presence of qualified physician with due care and precaution after carrying out necessary medical check-up, so as to avoid any likelihood of untoward harm to the physical or mental health of the minor victim, in the interest of justice;

(D) Any other and further relief/s which may be deemed fit by this Hon'ble Court be granted.

3. The matter was listed before this Court yesterday and this Court had passed the following order :-

1. Leave to amend.

2. Heard learned advocate Ms. Sangita Chauhan for learned advocate Mr. P. V. Patadiya for the petitioner.

3. Learned advocate Ms. Chauhan states that the present petitioner is a mentally challenged girl aged 15 years and 9 months and she was voyeured by the accused person and out of this relation, she has conceived and at present, she is pregnant by 26 weeks and 5 days (almost 27 weeks). Considering her mental condition as well as considering her age of 15 years and 9 months, the petition is preferred seeking permission to terminate the pregnancy.

4. The petition is preferred through her father and even as stated by learned advocate Ms. Chauhan, the family members of the petitioner are also ready and agreeable for termination. Considering the advanced stage of pregnancy as well as considering the age of the victim girl, the medical examination of the girl is required to take place at the earliest.

5. Considering the age of the victim girl as well as considering the fact that she is a mentally challenged person as well as considering the fact that she comes from tribal area where the nearest government medical hospital having better hospitality would be at SMIMER Hospital & Medical College, Surat. The Medical Superintendent of SMIMER Hospital & Medical College, Surat is directed to examine victim girl today itself and to submit a clear report about whether at this age and considering the fact that the victim girl is a mentally challenged person and she is only 15 years of age, will it be safe to terminate the pregnancy of the victim girl by carrying out necessary procedure/surgery at the earliest. As far as possible, the concerned Doctor may try to submit the report by tomorrow morning.

6. Learned advocate Ms. Chauhan assures before this Court that the petitioner shall reach Surat before today evening and will cooperate in the medical examination which may be carried o