Case Note & Summary
The petitioner, a minor girl aged 14 years and 6 months, through her father, filed a writ petition seeking permission to undergo medical termination of pregnancy. The petitioner was allegedly sexually assaulted by her cousin brother at her ancestral home in Bihar, resulting in pregnancy. An FIR was lodged under Section 376(3) IPC and Sections 4, 8, and 12 of the POCSO Act. The petitioner returned to Mumbai on 07.02.2022 and developed vomiting episodes in late April 2022. She was taken to Balaji Hospital where pregnancy was detected, and later referred to JJ Hospital for further examination. Medical report dated 02.05.2022 indicated a gestational age of 12 weeks and 5 days. By the time of hearing, the pregnancy had advanced beyond 20 weeks. The petitioner sought permission for termination citing mental trauma and risk to her life due to her tender age. The court considered the submissions and the medical report, and noted that the continuation of pregnancy would cause serious injury to the mental health of the minor. The court held that under Section 3(2)(b) read with Section 5 of the Medical Termination of Pregnancy Act, 1971, permission of the court is required when the gestational age exceeds 20 weeks. The court, in the best interest of the minor, allowed the petition and directed the Dean of JJ Hospital to constitute a medical board to carry out the termination procedure with all necessary precautions. The court also directed that the fetal tissue be preserved for DNA analysis and that the petitioner be provided with appropriate counseling and follow-up care.
Headnote
A) Medical Termination of Pregnancy - Minor Rape Victim - Permission for Termination Beyond 20 Weeks - Medical Termination of Pregnancy Act, 1971, Sections 3(2)(b), 3(2)(c), 3(3), 5, Explanation 1 - The petitioner, a minor aged 14 years and 6 months, was a victim of sexual assault and became pregnant. The gestational age was 12 weeks and 5 days as per medical report, but by the date of hearing it was beyond 20 weeks. The court considered the mental trauma, tender age, and risk to life, and relying on the medical report and the best interest of the minor, permitted termination of pregnancy. Held that the continuation of pregnancy would cause serious injury to the mental health of the minor and that the permission of the court is necessary under Section 3(2)(b) read with Section 5 of the MTP Act. (Paras 1-10)
Issue of Consideration
Whether a minor rape victim, who is 14 years and 6 months old and in her 15th to 16th week of pregnancy, can be permitted to medically terminate her pregnancy when the gestational age exceeds 20 weeks, considering the mental trauma and risk to her life.
Final Decision
The court allowed the petition and directed the Dean of JJ Hospital to constitute a medical board to carry out the termination of pregnancy with all necessary precautions. The court also directed preservation of fetal tissue for DNA analysis and provision of counseling and follow-up care to the petitioner.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- Section 3(2)(c)
- Section 3(3)
- Section 5
- Explanation 1
- minor rape victim
- gestational age beyond 20 weeks
- mental injury
- best interest of minor
- permission of court
