S.C. Gupte, J.:— This civil writ petition filed by the Petitioner seeks permission for medical termination of 23 weeks’ pregnancy of his daughter, who is 16 years old and is a victim of rape and sexual abuse.

2. The petition is placed before me for urgent orders. Considering the emergent circumstances arising out of the lock-down ordered by the State (during which Single Judges have been assigned Division Bench work under Rule 5 of the Bombay High Court Appellate Side Rules) due to Covid-19 pandemic and the urgent nature of the relief prayed for, the Respondent State has no objection to the matter being considered for grant of court permission for medical termination of pregnancy as an interim order.

3. In respect of the offence of rape and sexual abuse, an FIR has been registered by the Petitioner with Paud Police Station, Pune (Rural) for the offences punishable under Section 376(2)(i), 506 and 507 of IPC and under Sections 4, 8 and 10 of POSCO Act and 3(1)(w)(iii)(2), 3(v) 3(2) (VA) SCST Act against Avinash Rajendra Shinde. As of the date of the sonography report dated 17 April 2020, the Petitioner's daughter was pregnant of 21 weeks and 4 days. As noted above, the Petitioner is presently 16 years old, studying in Class 10 of New English School at Pirangut, Pune. When the Petitioner's family approached Respondent No.1 for termination of pregnancy, Respondent No.1 showed inability to accede to the request on account of the bar provided under Sections 3 and 5 of Medical Termination of Pregnancy Act, 1971. The Petitioner thereupon approached the Pune District Legal Services Authority to facilitate presentation of this petition. The Petitioner's case proceeds on the footing that his daughter, being of a tender age of 16 years, is likely to suffer mental and physical trauma due to unwanted and dangerous pregnancy. So also, it is submitted that continuation of pregnancy at this tender age of 16 years is likely to leave a maternal mortality and in the premises, permission of this court is sought for medical termination of pregnancy.

4. This court, by its order dated 5 May 2020, referred the case to a medical committee under the chairmanship of the Dean of Sasoon Hospital, which is a Medical Board constituted by the State in the matter of late termination of pregnancy. The committee has examined the patient on 6 May 2020 at B.J. Government Medical College and Sasoon General Hospital, Pune. The ultra sonography done at the hospital found a single live intrauterine fetus of 24 weeks plus 3 days. In view of her history and teenage pregnancy carrying higher mental and physical morbidity and mortality, medical termination of pregnancy has been recommended by the Medical Board.

5. As observed by the Division Bench of our court in Writ Petition Nos.10835/2018, 9748/2018 and OS Writ Petition (Lodging) No.3172/2018 (Per A.S. Oka and M.S. Sonak, JJ.), decided on 3 April 2019, in a situation where continuation of pregnancy poses grave injury to physical and metal health of the mother, the pregnant mother could not be forced to continue with the pregnancy merely because it had extended beyond the ceiling of 20 weeks; that would be a serious affront to fundamental rights of such mother to privacy, to exercise reproductive choices, and even to her bodily integrity as also dignity. The Division Bench held that where a pregnant woman, the length of whose pregnancy has exceeded 20 weeks, seeks to terminate her pregnancy on the ground that its continuation involves grave injury to her physical or mental health or cause a substantial risk, in an appropriate case, this court could accord permission for medical termination of pregnancy despite passage of over 20 weeks.

6. In the present case, as noted above, the Medical Board has clearly opined that in view of her history and teenage pregnancy carrying higher mental and physical morbidity and mortality, medical termination of the pregnancy of the Petitioner's daughter was recommended. Considering that despite being aware of the dangers of continuation of pregnancy as well as its termination, the Petitioner and his daughter having expressed a keen desire before the Board to terminate the pregnancy and considering the specific opinion of the Medical Board, it is imperative to permit the Petitioner's daughter to undergo medical termination of pregnancy.

7. Considering, however, that the pregnancy in the present case has been the result of rape and sexual abuse, which has led to filing of an FIR and pendency of a criminal case, appropriate directions for preservation of tissue and blood sample of the fetus for carrying out requisite medical tests including DNA finger printing /mapping would have to be passed.

8. In the premises, the following order is passed:

(I) The Petitioner is permitted to undergo the procedure of medical termination of pregnancy as per the Medical Board's opinion dated 6 May 2020 at a medical facility of her choice at the earliest. The Petitioner has offered to present his daughter for the requisite procedure at the earliest, including by tomorrow, 9 May 2020, itself. The procedure must be conducted at a centre which has the requisite permissions issued under the Maharashtra Termination of Pregnancy Rules, 2003 and shall be conducted by a Medical Practitioner, who also satisfies the conditions laid down under those Rules.

(II) The blood sample and tissue sample of the fetus shall be preserved for the purpose of carrying out necessary medical tests including DNA and other tests, as may be ordered. The Investigating Officer conducting investigation shall ensure that the samples are forwarded to Forensic Science Laboratory and preserved for the purpose of trial of the offence.

(III) In case the child born out of this procedure is alive, the Medical Practitioner conducting the procedure shall ensure that all necessary facilities are made available to such child for saving its life.

(IV) In case the child born is alive and the Petitioner and his daughter are not willing to or not in a position to take responsibility of such child, the State and its agencies will have to assume full responsibility for such child.

9. Since this order practically affords redressal of the Petitioner's grievance, it is agreed between the Petitioner and the State that the petition may be treated as disposed of. It is ordered accordingly.

10. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.