Case Note & Summary
The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination of her pregnancy, which was approximately 24 weeks old. She was allegedly a victim of rape, and an FIR (No.250/2023) was registered at Ambajogai Police Station. The petitioner sought formation of a Medical Board to opine on termination, direction to terminate the pregnancy, and preservation of fetal tissue and blood samples for DNA testing to aid prosecution. The court, after considering the Medical Board's report that termination was possible but carried risks, allowed the termination in the best interests of the minor, noting that continuing the pregnancy would cause greater mental trauma. The court also directed the Medical Board to preserve samples for DNA testing and the police to forward them to the Forensic Laboratory. The court emphasized the need to balance the minor's health and the evidentiary requirements for the criminal trial.
Headnote
A) Medical Termination of Pregnancy - Minor Rape Victim - Gestational Age Beyond 20 Weeks - Section 3, Medical Termination of Pregnancy Act, 1971 - The petitioner, a minor rape victim aged 17 years 11 months and 21 days, was 24 weeks pregnant. The court considered the report of the Medical Board which opined that termination was possible but with risks. The court held that continuing the pregnancy would cause greater mental trauma to the minor and allowed termination subject to the Board's opinion and safeguards. (Paras 1-10) B) Criminal Procedure - Preservation of Evidence - DNA Testing - Section 53A, Code of Criminal Procedure, 1973 - The court directed the Medical Board to preserve fetal tissue and blood samples for DNA testing and directed the police to forward them to the Forensic Laboratory for analysis and preservation for trial. (Paras 11-15) C) Medical Termination of Pregnancy - Consent of Minor - Guardian - Section 3(4)(a), Medical Termination of Pregnancy Act, 1971 - The court noted that the petitioner's mother, as guardian, had given consent for the termination. The court held that the consent of the guardian is sufficient for termination of pregnancy of a minor. (Para 6)
Issue of Consideration
Whether a minor rape victim aged 17 years 11 months and 21 days with a pregnancy of 24 weeks can be permitted to undergo medical termination of pregnancy and whether directions for preservation of fetal tissue and blood samples for DNA testing can be issued.
Final Decision
The court allowed the petition, directing the Medical Board to terminate the pregnancy of the petitioner, preserve fetal tissue and blood samples for DNA testing, and forward them to the Forensic Laboratory. The police were directed to ensure preservation for trial.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3
- Section 5
- minor rape victim
- gestational age
- DNA preservation
- best interests of child
