Case Note & Summary
The petitioner, a rape victim, 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. The petitioner was allegedly raped and became pregnant. She approached the court because the pregnancy was beyond the statutory period for termination under the Medical Termination of Pregnancy Act, 1971. The court admitted the petition and heard it finally with consent. The court considered the petitioner's physical and mental health and the trauma she suffered. The court directed the respondents to constitute a medical board to examine the petitioner and, if found necessary, to terminate the pregnancy at the earliest. The court also directed the police to provide security and the Department of Women and Child Development to provide counseling and rehabilitation. The court disposed of the petition with these directions.
Headnote
A) Medical Termination of Pregnancy - Rape Victim - Direction to Terminate - Medical Termination of Pregnancy Act, 1971, Sections 3 and 5 - Petitioner, a rape victim, sought direction to respondents to medically terminate her pregnancy after obtaining expert opinion on her physical and mental health - Court, considering the trauma and risk to health, directed the medical board to examine and terminate pregnancy if found necessary - Held that the court can issue directions to protect the life and health of a rape victim (Paras 1-4).
Issue of Consideration
Whether the court can direct the medical termination of pregnancy of a rape victim beyond the statutory period under the Medical Termination of Pregnancy Act, 1971, considering her physical and mental health.
Final Decision
The court directed the respondents to constitute a medical board to examine the petitioner and, if found necessary, to terminate the pregnancy at the earliest. The court also directed the police to provide security and the Department of Women and Child Development to provide counseling and rehabilitation. The petition was disposed of.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3
- Section 5
- rape victim
- mental health
- physical health
- expert opinion
- direction to terminate
