Case Note & Summary
The petitioner, a 25-year-old commerce graduate and student, filed a criminal writ petition seeking directions to terminate her pregnancy. She was the victim in Crime No. 153 of 2019 registered at Police Station Durgapur, District Chandrapur, for the offence punishable under Section 376(2)(n) of the Indian Penal Code. The petitioner came in contact with one Avinash Meshram on Instagram in 2017 and developed a love relationship. Avinash promised to marry her and on that pretext had sexual intercourse with her, resulting in conception in January 2019. When the petitioner reached an advanced stage of pregnancy, Avinash avoided her calls, broke all contacts, and refused to marry her. The petitioner lodged an FIR and was medically examined, revealing a pregnancy of 21 weeks and one day. She sought termination of pregnancy, claiming severe mental trauma. The court called for an opinion from the Medical Board, Chandrapur, which opined that continuation of pregnancy would cause severe mental trauma to the petitioner. The court, after hearing the parties and perusing the record, allowed the petition, directing the Chief Medical Officer, Government Medical College and Hospital, Chandrapur, to terminate the pregnancy of the petitioner in accordance with law. The court held that the petitioner, being a rape victim, was entitled to termination of pregnancy to avoid mental trauma.
Headnote
A) Medical Termination of Pregnancy - Rape Victim - Termination Beyond 20 Weeks - Section 3, Medical Termination of Pregnancy Act, 1971 - The petitioner, a rape victim, sought termination of her pregnancy of 21 weeks and one day. The court considered the Medical Board's opinion that continuation of pregnancy would cause severe mental trauma. Held that the petitioner is entitled to termination of pregnancy in the interest of justice, as the pregnancy was a result of rape and the victim's mental health would be adversely affected. (Paras 2-8) B) Criminal Law - Rape - Promise to Marry - Section 376(2)(n) Indian Penal Code, 1860 - The petitioner alleged that the accused had sexual intercourse on the pretext of marriage and later refused to marry her. The court noted that the FIR was lodged under Section 376(2)(n) IPC. (Paras 4-5)
Issue of Consideration
Whether a rape victim carrying a pregnancy of 21 weeks and one day should be permitted to terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971, considering the mental trauma and the opinion of the Medical Board.
Final Decision
The petition is allowed. The Chief Medical Officer, Government Medical College and Hospital, Chandrapur, is directed to terminate the pregnancy of the petitioner in accordance with law. Rule is made absolute in those terms.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3
- Section 376(2)(n) IPC
- Rape Victim
- Mental Trauma
- Gestational Age
- Medical Board Opinion
