Case Note & Summary
The petitioner, the mother of a minor girl aged about 17 years and 2 months, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking permission to terminate the pregnancy of her daughter. The minor daughter was a victim of alleged rape, resulting in pregnancy of more than 20 weeks duration. An FIR was registered on 02.03.2021 under Section 376(3) of the Indian Penal Code and Sections 4, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012. The petitioner discovered the pregnancy when the minor missed her menstrual cycles for about four months. Since the pregnancy exceeded 20 weeks, termination was not permissible under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 without the opinion of registered medical practitioners that the continuance of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health. The Court constituted a Medical Board of the District Hospital, Ratnagiri, which examined the minor and submitted a report stating that the pregnancy could be terminated safely and that the minor's mental and physical health would be at risk if the pregnancy continued. The Court, after considering the report and the submissions of the parties, held that the termination was permissible under Section 5 of the Act read with Explanation 1, as the pregnancy was the result of rape and the minor was suffering from mental trauma. The Court directed the termination to be conducted at the District Hospital, Ratnagiri, with all necessary precautions and directed the police to provide security. The Court also directed that the fetal tissue be preserved for DNA analysis for the purpose of the criminal trial. The petition was allowed.
Headnote
A) Medical Termination of Pregnancy - Termination Beyond 20 Weeks - Minor Rape Victim - Section 3(2)(b), Section 3(3), Section 5, Explanation 1 of Medical Termination of Pregnancy Act, 1971 - The petitioner mother sought termination of pregnancy of her minor daughter aged about 17 years, who was a victim of rape and whose pregnancy was of more than 20 weeks duration. The Court, after considering the report of the Medical Board and the mental and physical trauma of the minor, held that the pregnancy could be terminated as it posed a risk to the minor's mental and physical health. The Court directed the termination to be conducted at the District Hospital, Ratnagiri, with all necessary precautions. (Paras 1-15) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The petitioner invoked the extraordinary writ jurisdiction of the High Court under Article 226 seeking direction for termination of pregnancy. The Court exercised its jurisdiction to protect the fundamental rights of the minor victim, emphasizing the need to balance the provisions of the Medical Termination of Pregnancy Act with the best interests of the minor. (Paras 3, 15) C) Criminal Law - Rape of Minor - Sections 376(3) IPC, Sections 4, 8, 12 of Protection of Children from Sexual Offences Act, 2012 - An FIR was registered against the accused for rape of a minor girl aged about 17 years and 2 months, resulting in pregnancy. The Court noted the criminal proceedings and the trauma suffered by the minor. (Paras 4, 5)
Issue of Consideration
Whether the pregnancy of a minor rape victim, which is beyond 20 weeks, can be terminated under the Medical Termination of Pregnancy Act, 1971, considering the mental and physical health of the minor.
Final Decision
The petition is allowed. The termination of pregnancy of the minor daughter of the petitioner shall be conducted at the District Hospital, Ratnagiri, with all necessary precautions. The police to provide security. Fetal tissue to be preserved for DNA analysis.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- Section 3(3)
- Section 5
- Explanation 1
- minor rape victim
- gestational age beyond 20 weeks
- opinion of registered medical practitioners
- mental and physical health risk
- best interest of minor
- writ jurisdiction under Article 226
