Case Note & Summary
The petitioner, an unmarried minor girl, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the State of Karnataka and the Shivamogga Institute of Medical Sciences to medically terminate her pregnancy. She alleged that she became pregnant as a result of rape. The pregnancy had exceeded 20 weeks, which is the general limit for termination under the Medical Termination of Pregnancy Act, 1971. The petitioner contended that continuing the pregnancy would cause severe physical and mental trauma. The court, after hearing the counsel for both sides, admitted the petition and heard it finally. The court noted that the Medical Termination of Pregnancy Act, 1971, under Section 3 and Section 5, allows termination beyond 20 weeks if there is a risk to the life of the pregnant woman or of grave injury to her physical or mental health. The court considered that the petitioner was a minor and a rape victim, and that continuation of pregnancy would involve a risk to her physical and mental health. The court directed the respondent authorities to constitute an expert medical board comprising specialists in gynecology, radiology, and psychiatry to examine the petitioner and submit a report. The board was to assess the gestational age, fetal abnormalities, and the physical and mental health of the petitioner. If the board opined that there were no fetal abnormalities and that continuation of pregnancy posed a risk to the petitioner's health, the termination was to be carried out at the earliest. The court disposed of the petition with these directions.
Headnote
A) Medical Termination of Pregnancy - Gestational Limit - Rape Victim - Section 3, Section 5 of Medical Termination of Pregnancy Act, 1971 - The petitioner, an unmarried minor, became pregnant due to rape and sought termination beyond 20 weeks. The court held that the continuation of pregnancy would involve a risk to the physical and mental health of the petitioner, and directed the constitution of an expert medical board to examine and terminate the pregnancy if no fetal abnormalities are found. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The High Court exercised its writ jurisdiction to direct medical termination of pregnancy in the interest of the petitioner's health, relying on the provisions of the Medical Termination of Pregnancy Act, 1971. (Paras 1-5)
Issue of Consideration
Whether the pregnancy of an unmarried minor rape victim, which has exceeded 20 weeks, can be medically terminated under the Medical Termination of Pregnancy Act, 1971, considering the physical and mental health of the petitioner.
Final Decision
The petition is disposed of with a direction to respondent Nos.1 and 2 to constitute an expert medical board comprising specialists in gynecology, radiology, and psychiatry to examine the petitioner and submit a report. If the board opines that there are no fetal abnormalities and that continuation of pregnancy poses a risk to the physical and mental health of the petitioner, the pregnancy shall be terminated at the earliest.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3
- Section 5
- gestational limit
- rape victim
- minor
- expert medical board
- physical and mental health risk
- writ jurisdiction under Articles 226 and 227 of Constitution of India
