Case Note & Summary
The petitioner, a victim of repeated rape from 13.08.2021 to 24.01.2022, became pregnant and sought termination of her pregnancy of 25-26 weeks. She contended that continuation of the pregnancy caused her mental anguish and would add to the injury. The Medical Board opined that termination was permissible. The court, relying on Sections 3(2)(b), 3(4)(a), and 5(A) of the Medical Termination of Pregnancy Act, 1971 as amended in 2021, allowed the petition, directing the District Hospital Wardha to terminate the pregnancy following the procedure under Section 4 of the Act.
Headnote
A) Medical Termination of Pregnancy - Rape Victim - Termination Beyond 24 Weeks - Sections 3(2)(b), 3(4)(a), 5(A) Medical Termination of Pregnancy Act, 1971 as amended by Medical Termination of Pregnancy (Amendment) Act, 2021 - The petitioner, a rape victim, sought termination of pregnancy of 25-26 weeks. The Medical Board opined that continuation of pregnancy would cause anguish and affect her mental health. The court held that the case falls within the exception under Section 3(2)(b) read with Section 3(4)(a) and Section 5(A) of the Act, and allowed termination subject to compliance with Section 4 procedure. (Paras 7-9)
Issue of Consideration
Whether a rape victim with pregnancy of 25-26 weeks can be permitted to terminate the pregnancy under the Medical Termination of Pregnancy Act, 1971 as amended in 2021.
Final Decision
The court allowed the petition, directing the District Hospital Wardha to terminate the pregnancy of the petitioner following the procedure under Section 4 of the Medical Termination of Pregnancy Act, 1971.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- Section 3(4)(a)
- Section 5(A)
- rape victim
- pregnancy termination beyond 24 weeks
- Medical Board opinion
- mental health
Case Details
2022 LawText (BOM) (02) 117
Writ Petition No. 543 of 2022
Sunil B. Shukre, Anil L. Pansare
Ms S.H. Bhatia for petitioner, Mr N.S. Rao AGP for respondents
State of Maharashtra, through the Principal Secretary, Public Health Services, Mantralaya, Mumbai-23; District Hospital Wardha, Mahadev-Pura, Wardha
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Nature of Litigation
Writ petition seeking permission for medical termination of pregnancy
Remedy Sought
Petitioner sought court permission to terminate her pregnancy of 25-26 weeks
Filing Reason
Petitioner was a victim of repeated rape and became pregnant; continuation of pregnancy caused mental anguish
Issues
Whether the petitioner, a rape victim with pregnancy of 25-26 weeks, is entitled to terminate the pregnancy under the Medical Termination of Pregnancy Act, 1971 as amended in 2021.
Submissions/Arguments
Petitioner submitted that she was a victim of repeated rape from 13.08.2021 to 24.01.2022, resulting in pregnancy of 25-26 weeks, and continuation of pregnancy caused mental anguish and would add to injury.
Respondent (AGP) submitted that if parameters of Section 3 and procedure under Section 4 of the Medical Termination of Pregnancy Act, 1971 are followed, the petition can be allowed, relying on Medical Board opinion.
Ratio Decidendi
A rape victim's pregnancy of 25-26 weeks falls within the exception under Section 3(2)(b) read with Section 3(4)(a) and Section 5(A) of the Medical Termination of Pregnancy Act, 1971 as amended in 2021, and termination is permissible subject to compliance with Section 4 procedure, especially when the Medical Board opines that continuation of pregnancy would cause mental anguish.
Judgment Excerpts
The petitioner contends that she is a victim of crime of repeated instances of rape committed during the period from 13.08.2021 to 24.01.2022...
Section 3(2)(b) and Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971 as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021... are relevant.
Procedural History
The petitioner filed Writ Petition No. 543 of 2022 before the Bombay High Court, Nagpur Bench, seeking permission for medical termination of pregnancy. The court heard the matter on 04.02.2022 and passed the final order.
Acts & Sections
- Medical Termination of Pregnancy Act, 1971: 3(2)(b), 3(4)(a), 5(A), 4
- Indian Penal Code, 1860: 376(2)(n)
