Case Note & Summary
The petitioner, a minor deaf-dumb-mentally challenged girl, was raped by an unknown person, resulting in pregnancy of 18-19 weeks. Her mother filed a writ petition seeking direction to terminate the pregnancy. The Sessions Court had rejected the application. The High Court referred the victim to an expert committee at Government Medical College & Hospital, Aurangabad. The committee opined that continuation of pregnancy would cause severe mental trauma and risk to her life. Considering the victim's condition and the committee's report, the High Court allowed the petition and directed termination of pregnancy at Government Medical College & Hospital, Aurangabad, with all necessary precautions.
Headnote
A) Medical Termination of Pregnancy - Rape Victim - Termination Beyond 20 Weeks - Section 3, 5 Medical Termination of Pregnancy Act, 1971 - The petitioner, a deaf-dumb-mentally challenged minor rape victim, was found pregnant with 18-19 weeks gestation. The Sessions Court rejected her application for termination. The High Court, after referring her to an expert committee, allowed termination based on the committee's report that continuation of pregnancy would cause severe mental trauma and risk to her life. Held that the pregnancy can be terminated in the best interests of the victim (Paras 1-10).
Issue of Consideration
Whether the pregnancy of a deaf-dumb-mentally challenged rape victim, which is beyond 20 weeks, can be terminated under the Medical Termination of Pregnancy Act, 1971, considering her physical and mental condition.
Final Decision
The petition is allowed. The respondents are directed to carry out the termination of pregnancy of the victim at Government Medical College & Hospital, Aurangabad, with all necessary precautions and in the best interests of the victim.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3
- Section 5
- rape victim
- mentally retarded
- pregnancy termination
- writ of mandamus
- expert committee
- best interests of victim
Case Details
2017 LawText (BOM) (12) 5
Writ Petition No. 14173 of 2017
R.M. Borde, Smt. Vibha Kankanwadi
Mrs. Sabahat T. Kazi (for petitioner), Mr. Bhushan Kulkarni (for respondent No.1), Mr. A. B. Girase (for respondents No.2 to 4)
X (minor through her mother)
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Nature of Litigation
Writ petition seeking direction for termination of pregnancy of a deaf-dumb-mentally challenged rape victim.
Remedy Sought
Direction to respondent No.3 to carry out termination of unwanted pregnancy.
Filing Reason
The victim, a deaf-dumb-mentally challenged minor, became pregnant due to rape. The Sessions Court rejected the application for termination.
Previous Decisions
The Sessions Judge, Shahada rejected the application for termination of pregnancy on 04.12.2017.
Issues
Whether the pregnancy of a deaf-dumb-mentally challenged rape victim can be terminated under the Medical Termination of Pregnancy Act, 1971, considering her condition and the gestational age beyond 20 weeks.
Submissions/Arguments
The guardian-mother contended that the victim is deaf-dumb-mentally challenged and the pregnancy is a result of rape, causing severe mental trauma. The continuation of pregnancy would be detrimental to her health.
The respondents did not oppose the petition, and the expert committee recommended termination.
Ratio Decidendi
The court held that where continuation of pregnancy would cause severe mental trauma and risk to the life of a mentally challenged rape victim, termination can be allowed under the Medical Termination of Pregnancy Act, 1971, even beyond 20 weeks, based on expert medical opinion.
Judgment Excerpts
The guardian of an unfortunate deaf-dumb-mentally challenged victim, who has already suffered physical abuse and mental torture has approached this Court seeking direction in the nature of writ of mandamus directing respondent no. 3 to carry out termination of unwanted pregnancy which is result of physical abuse thrust against the victim.
Taking into consideration the contentions raised in the petition, by order dated 07.12.2017, we had directed and referred the victim for medical examination before the Board constituted at Government Medical College & Hospital, Aurangabad.
The medical report indicates that the victim is suffering from severe mental retardation and continuation of pregnancy would cause severe mental trauma and risk to her life.
Procedural History
The victim was raped, resulting in pregnancy. The brother lodged an FIR on 07.11.2017. Medical examination on 02.11.2017 revealed 18-19 weeks pregnancy. An application for termination was made to respondent No.4 on 12.11.2017, but was refused. The victim was referred for mental assessment and diagnosed with severe mental retardation. An application before the Sessions Judge, Shahada was rejected on 04.12.2017. The present writ petition was filed. On 07.12.2017, the High Court referred the victim to an expert committee. The committee submitted its report, and the court heard the matter on 12.12.2017 and allowed the petition.
Acts & Sections
- Medical Termination of Pregnancy Act, 1971: Section 3, Section 5
