The right to reproductive choice and bodily integrity, as well as the provisions of the Medical Termination of Pregnancy Act, 1971, were central to the court's decision.

JUDGEMENT :

Urmila Joshi-Phalke, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of both the parties.

2. The petitioner contends that she is child in conflict with law and lodged with the Government Girls Observation Home, Amravati. She is in custody of Observation Home, Amravati as she had committed offence under Section 302 of the Indian Penal Code and crime is registered against her vide Crime No.141/2022. Crime No.101/2021 was also registered as petitioner was not traceable on the basis of report lodged by her mother under Section 363 of the Indian Penal Code. During the investigation it revealed to the Investigating Officer that petitioner is pregnant and, therefore, offence was registered under Section 376 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. The petitioner, who is in custody of Observation Home as she had committed offence under Section 302 of the Indian Penal Code. She is also victim of sexual assault and, therefore, another crime was registered bearing No.101/2021 on the basis of report lodged by her mother.

3. It is the contention of the petitioner that she is from economically weak section and, therefore, she is unable to up-bring the child. Due to said incident she had suffered and is suffering because of sexual abuse. She has undergone the agony and she will go through the same in future also. Therefore, she seeks permission from this Court directing the respondent No.2 to terminate her pregnancy which is of 12 weeks. She further submitted that she is also facing financial hardship, therefore, permission may kindly be granted to her for terminating her pregnancy under the prevailing bona fide facts and circumstances. The pregnancy of the petitioner is unwanted and the same violate her personal liberty.

4. By the order dated 07.06.2022 the report of the Medical Board was called for. The report of the Medical Board dated 14.06.2022 is tendered across the bar and is taken on record. The Medical Board opined that the petitioner had pregnancy of 16 weeks and has consented for the pregnancy to be terminated.

5. Heard learned counsel for the petitioner.

6. Learned counsel for the petitioner submitted that in view of sexual abuse, petitioner is carrying the pregnancy. She hails from economically weak section. She undergone the trauma and in future also she would have to suffer mental agony. The pregnancy is unwanted. The petitioner is also facing financial hardship. In the circumstances, permission be kindly granted to terminate the pregnancy.

7. In view of the provisions of Section 3(2)(b)(i) of the Medical Termination of Pregnancy Act, 1971 a pregnancy may be terminated if continuance of the same would involve a risk of grave injury to the physical or mental health of the pregnant woman. This provision has to be read along with sub-section (3) of Section 3 which denotes that in determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2) may be taken into account while considering such type of applications. These provisions are to be read along with sub-section (1) of Section 5 of the said Act to make the provisions of the Act meaningful and reflective of the ground realities. The Medical Termination of Pregnancy Act, 1971 has been enacted to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. Regarding the termination of pregnancy it is to be seen whether there is a danger to the life or risk to the physical or mental health of a woman. Section 3 of the Act deals with the situation when pregnancy may be terminated by the registered medical practitioners. For better understanding we reproduce Section 3 hereunder :

“Sec.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 practition