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2021 Supreme(Online)(MP) 8588

MADHYA PRADESH HIGH COURT
Gulshan Kumar, J
X. Minor through her Mother Madhu v. State of M. P. and Others
Writ Petition under Article 226



Advocates:
For the Appellants/Petitioners: -
For the Respondents: -

Termination of pregnancy in minors requires careful consideration of health risks and emotional trauma, recognizing the need for judicial permission under statute.

Headnote:This writ petition under Article 226 sought permission for termination of pregnancy, with considerations under the Medical Termination of Pregnancy Act. The petitioner, a 17-year-old minor, was carrying a child following alleged rape, supported by the Medical Board's report affirming her health and mental soundness. The court found that the continuation of the pregnancy posed significant risks to the minor's life. Therefore, it concluded that termination was warranted for the petitioner's health and well-being.

Table of Content
1. details of the allegations and fir lodged. (Para 2 , 3)
2. medical opinion supports termination of pregnancy. (Para 6 , 8)
3. court weighs risks of continuing pregnancy against emotional trauma. (Para 9 , 11)
4. precedents inform the decision on termination permissions. (Para 10 , 14)
5. court concludes with explicit instructions for medical procedures. (Para 12 , 15)

1. Heard finally. This petition under Art.226 of the Constitution of India has been filed seeking the following relief(s) :
"(i) To issue such order / writ to the respondent to grant permission / direction for termination of pregnancy of Victim / petitioner.
(ii) To direct respondent no.2 to carry out termination of pregnancy immediately.
(iii) Pass any such other appropriate order as may be deemed fit just and expedient in the interest of justice."


2. The necessary facts for disposal of the present petition in short are that the petitioner lodged a FIR on 16-2-2020 against Rahul Pal, Sunita Pal, Dhruv Pal and Manoj Pal, on the allegations that She is aged about 17 years. Rahul Pal, on the pretext of marriage, developed physical relations with her, as a result of which She is carrying the pregnancy of 3 months. Thereafter, Rahul has refused to marry her. When She made complaint to his parents, namely Smt. Sunita Pal, and Dhruv Pal, then they also supported their son and scolded the petitioner. Similarly, Manoj Pal, who is the brother of Rahul Pal, also tried to outrage her modesty.

3. On this complaint, FIR No. 105/2020 has been registered at Police Station Dwarikapuri, Distt. Indore for offence under S.363,366 - A,376(2)(n), 376 - D,323,294, 354(A) of I.P.C., under S.5,6,11,12 of POCSO Act, 2002 and under S.3(1)(gh),3(1)(w)(i), (ii),3(2)(v),(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. This petition has been filed seeking permission to terminate the pregnancy. The petitioner claims herself to be a minor aged about 17 years.

5. This Court, by order dated 13-3-2020, directed the petitioner to appear before the Medical Board on 14-3-2020 at 11:00 AM in M.Y Hospital Indore for medical examination by a Medical Board.

6. The Medical Board has submitted the following report:
"1. According to her USG report (dated on 16.03.2020) her pregnancy is 16 weeks +6 days.
2. According to two expert gynaecologists, patient has 16 week 6 day pregnancy, by sonography and according to MTP act she can undergo termination of pregnancy with anaemia correction.
3. As per psychiatric point of view petitioner on preliminary history and systematic examination shows no features of any psychiatric illness at present. She seems to posses age appropriate mental capacity and is of sound mind.
4. As per medicine opinion patient can be taken for termination procedure(medical / surgical) after correction of anemia (haemoglobin 10gm)
5. As per anesthetic opinion patient is clinically fit for now after correction of anemia. (haemoglobin 10gm).
6. In medical board members opinion, the petitioner is fit for termination of pregnancy after correction of anemia."

7. Considered the submissions as well as the report submitted by the Medical Board.

8. The relevant statutory provisions, i.e. S.3 and S.5 (1) of the Medical Termination of Pregnancy Act reads as under: -
"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 that 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 twelve weeks if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two r



















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