Case Note & Summary
The petitioner, a 17-year-old minor represented by her father, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the 4th respondent hospital to admit her and terminate her pregnancy. The petitioner was a rape victim and was 28 weeks pregnant. The Medical Termination of Pregnancy Act, 1971 generally permits termination up to 20 weeks, and up to 24 weeks under certain conditions. However, the court considered the medical report from a board of doctors which opined that termination was possible and that continuing the pregnancy would cause severe mental trauma to the minor. The court also noted the best interest of the child and the minor's right to health. The court allowed the petition, directing the hospital to admit the petitioner and perform the termination as per the medical board's opinion. The court also directed the State Legal Services Authority to provide legal aid and the Child Welfare Committee to ensure post-termination care.
Headnote
A) Medical Termination of Pregnancy - Gestational Limit - Section 3(2)(b) and Section 5 of Medical Termination of Pregnancy Act, 1971 - Minor Rape Victim - The petitioner, a 17-year-old minor rape victim, sought termination of her 28-week pregnancy. The court considered the medical report and the best interest of the child, holding that the pregnancy could be terminated to prevent mental trauma to the minor, despite the gestational age exceeding 24 weeks. (Paras 1-10) B) Writ Jurisdiction - Article 226 of Constitution of India - Mandamus - The court exercised its writ jurisdiction under Article 226 to direct the hospital to admit the petitioner and perform the termination, as the medical board opined that termination was possible and the minor's mental health was at risk. (Paras 1-10)
Issue of Consideration
Whether a minor rape victim aged 17 years, who is 28 weeks pregnant, can be permitted to terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971, considering the gestational age and the best interest of the child.
Final Decision
The court allowed the writ petition, directing the 4th respondent hospital to admit the petitioner and take necessary medical steps to terminate the pregnancy as per the medical board's opinion. The court also directed the Karnataka State Legal Services Authority to provide legal aid and the Child Welfare Committee to ensure post-termination care.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(b)
- Section 5
- gestational limit
- minor
- rape victim
- best interest of child
- mental trauma
- expert medical opinion
- writ of mandamus
- Article 226 of Constitution of India
