ORDER

This writ petition is filed seeking a direction to the 3rd respondent to terminate the pregnancy of the petitioner's daughter Sasikala.

2.The case of the petitioner in brief is as follows:

The petitioner is a shepherd, whose husband died in the month of May 2019, leaving behind him the petitioner and two daughters. Elder daughter viz., Uma got married already and the younger daughter Sasikala, aged about 26 years is a spastic person from her childhood and she was never allowed to go outside. While so, on seeing the unusual bulge of her stomach and body symptom, she was taken to hospital for medical check up on 24.01.2020, where, it was found that she was pregnant. On enquiry, it was found that she was raped by a neighbour one Kasi and based on a complaint given by Ganesan, an FIR was registered in Crime No.1 of

2020 for the offence under Section 376 IPC. In the above circumstances and in the interest of the victim, the petitioner prayed for termination of the illegal pregnancy of her daughter.

3.Earlier, when the matter came up for hearing on

04.02.2020, this Court passed an order directing the third respondent to file Medical Expert's report, which reads as follows:

“In this regard, it is necessary to constitute a Committee of Medical Experts to find out the possibility of termination of pregnancy and to file a detailed report before this Court. Admittedly, the pregnant woman is undergoing psychiatric treatment, as she is mentally unstable. It is stated that owing to the pregnancy and delivery of the baby, would be hazardous to the mother and the child. Therefore, the third respondent/The Dean, Government Medical College, Sivagangai is directed to constitute a Committee consisting of Medical Experts including the Gynecologist and file a detailed report before this Court about the age of the foetus and also the Medical Experts recommendation for medically terminating the Petitioner's daughter's pregnancy.

4.Post the matter on 12.02.2020, for filing such Medical Expert's report.”

4.Today, the Certificate of Examination for Sexual Offence Cases dated 24.01.2020 has been produced along with the communication from the Dean of Medical College & Hospital, Sivagangai. On medical examination, it was opined as under:

“A case of (Miss.Sasikala, 31 years, mental retardation) unmarried, primi, 24 weeks of gestational age (5 months) pregnancy is confirmed. Complete physical examination and blood investigations done and she is fit for termination now.”

5.As per the said report, the petitioner's daughter is 24 weeks of pregnancy and she is fit for termination now. Inspite of knowing the consequences, the petitioner has approached this Court for medical termination of pregnancy of her daughter.

6.As per Section 3(2)(a) of the Medical Termination of Pregnancy Act, 1971 (in short MTP Act), if the length of pregnancy does not exceed twelve weeks, the medical termination of pregnancy (MTP) can be done by a medical practitioner. As per Section 3(2)(b) of the MPT Act, if the length of pregnancy exceeds twelve weeks, but does not exceed twenty weeks, it should be done by not less than two registered Medical Practitioners and that in their opinion, formed in good faith, the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical and mental health and also there is a substantial risk that if the child were born, it would suffer from physical and mental abnormalities as to be seriously handicapped.

7.In the case on hand, the victim is having a foetus of 24 weeks which exceeds the termination period provided under Section 3 of the Act. One of the comments on the MTP Act, 1971 was that it failed to keep pace with advances in medical technology that allow for the removal of a foetus at a relatively advanced state of pregnancy. Considering this and few other remarks, recently, the Union Cabinet has approved the Medical Termination of Pregnancy (MTP) (Amendment) Bill, 2020. The Bill seeks to extend t