Madhya Pradesh High Court
Victim X vs The State Of Madhya Pradesh on 3 September, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:25516
1 WP-25708-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 3 rd OF SEPTEMBER, 2024
WRIT PETITION No. 25708 of 2024
VICTIM X
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Omprakash Solanki, Advocate for the petitioner.
Shri Prakhar Trivedi, Panel Lawyer.
ORDER
The petitioner 'X' who is a victim of rape has filed the present petition for termination of pregnancy keeping in view the Medical Termination of Pregnancy Act 1971.
2. A report was called from the Medical Board and the Medical Board has opined that pregnancy can be terminated though the fetus is of fourteen weeks and three days pregnancy with missed abortion, with the permission of the Court.
3. Section 3 and 5(1) of the Medical Termination of Pregnancy Act, 1971 reads as under:-
"3. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner-Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 03-09-2024 17:26:53
NEUTRAL CITATION NO. 2024:MPHC-IND:25516 2 WP-25708-2024
(a) where the length of the pregnancy does not exceed twelve weeks' if such medical practitioner is, or (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health ; or
(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
Explanation 1.-Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.-Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of the pregnant woman. 5. Sections 3 and 4 when not to apply.- (1) The provisions of Sec.4 and so much of the provisions of sub-section (2) of Sec. 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioner, shall not apply to the termination of a pregnancy by the registered medical practitioner in case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman."
4. This Court keeping in view the statutory provisions as contained in The Medical Termination of Pregnancy (MTP) Act, 1971 is of the opinion that in the peculiar facts and circumstance of the case, the pregnancy can be terminated and it is ordered accordingly.
5. The Superintendent / Civil Surgeon, M.Y. Hospital, Indore is directed to carryout the termination of pregnancy. The petitioner 'X' shall appear before the Superintendent / Civil Surgeon, M.Y. Hospital, Indore on Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 03-09-2024 17:26:53 NEUTRAL CITATION NO. 2024:MPHC-IND:25516 3 WP-25708-2024 04.09.2024 at 11.00 A.M. The Head of Department of Gynecologist, Head of Department of Anesthesia and all other specialist will remain present at the time of termination of pregnancy, as the petitioner 'X is of tender age. Not only this, after termination of pregnancy is carried out, the State of Madhya Pradesh shall ensure post operative care of the petitioner 'X'. The entire expenditure in respect of termination of pregnancy shall be borne by the State of M.P. through Collector, Indore and the DNA of fetus shall also be preserved for DNA analysis.
6. With the aforesaid, the present writ petition stands allowed. Certified copy today itself.
(PRANAY VERMA) JUDGE jyoti Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 03-09-2024 17:26:53