Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.

1. The petitioner has approached this Court seeking permission / direction for termination of pregnancy of her minor daughter.

2. According to the petitioner her daughter is a rape victim. She lodged an FIR No.0/2019 dated 27.03.2019 in Police Station Mahila Thana, Indore for offence under S.376, S.376 (2) (n), 376 (2) (f) and 506 of the IPC and S.5 (I) (n) and 6 of Protection of Children from Sexual Offences Act, 2012. Because of that unfortunate incident, she became pregnant and as on 28.03.2019, the life of fetus was 20 weeks. Since, the life of fetus has exceeded 12 weeks, therefore, under the provisions of Medical Termination of Pregnancy Act, 1971 (hereinafter referred as "Act of 1971") the doctors have restrained themselves to terminate the pregnancy, Hence, the petitioner has approached this Court by way of writ petition as victim do not want to continue with pregnancy.

3. By order dated 03.04.2019 this Court has directed the Superintendent of M.Y.Hospital, Indore to constitute a medical board having at least one senior gynaecologist and the medical board was directed to examine the petitioner's daughter and submit the report if it is safe to terminate the pregnancy at this stage. The daughter of the petitioner was examined by the Team of Doctors Dr. Hemlata Jharbade, Dr. Mohini Rajoriya and Dr. Surabhi Porwal. Thereafter, they submitted a joint report to the Superintendent of M.Y. Hospital recommending termination of pregnancy. The report is reproduced below : -
"As per your order the committee members, constituted by Head of Department, have examined the minor victim on 05.04.2019 at 2.15 pm thoroughly and we conclude through this that according to MTP Act & Rule, it is legally safe to terminate the pregnancy upto 20 weeks with opinion of 2 gynecologists.
1. According to her USG report (dated 28.03.19) her pregnancy is 20 weeks 0 day today as on 05.04.2019.
2. In committee member's opinion, she is fit for termination of prepgnancy till today (according to MTP Act & Rule). Another Court order will be required if she comes later (beyond 20 weeks) of her pregnancy.
3. Pre anesthetic chechup and opinion of consultant Anesthesia will be required in case if medical method of termination fails and surgical intervention is required (Hysterotomy under spinal or General Anesthesia)."

4. The petitioner's daughter is a rape victim and not willing to continue with the pregnancy since the period of pregnancy is 20 weeks and termination is not permissible under S.3 of the Act of 1971.

5. Learned counsel for the petitioner submits that in view of the explanation of sub-section (2) of S.3 the termination of pregnancy is permissible.

6. The Apex Court in case of Ms. X Vs. Union of India & Others, reported in AIR 2016 SC 3525 has held that S.5 of the Act lay down the exception to S.3 if as per opinion of less than 2 registered Medical Practitioner gives the opinion of in good faith in respect of termination of pregnancy to save the life of pregnant women. By placing reliance over the aforesaid section the Apex Court has granted liberty to the petitioner to terminate her pregnancy. Relevant portion of the aforesaid judgement is reproduced below:
"5. The question that arises for our consideration is, whether it would be justified and legal, to terminate the pregnancy of the Petitioner, which the Medical Report itself shows, as of 24 weeks duration? Learned Attorney General representing the Union of India has invited our attention to S.3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'the Act') which is extracted below:
3. When pregnancies may be terminated by registered medical practitioners. -
(1) N