XXXX v. THE SECRETARY

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Sections 64 and 65(1) of BNS, 2023. The petitioner having suffered the said crime on her during her minority and became pregnant and now knocking the doors of this Court seeking Medical Termination of Pregnancy.

3. On 20.05.2025 this Court had passed the following order;

"The petitioner is ordered to be taken to the Medical Board at Vanivilas Hospital, Bengaluru and the Medical Board shall examine the petitioner and report as to whether the Medical Termination of Pregnancy is viable owing to the health condition, in the light of the Medical Termination of Pregnancy Act, 1971 (for short 'MTP Act'). The Child Protection officer is directed to take the petitioner to the Medical Board at Vanivilas Hospital, Bengaluru.

List this matter on 22.05.2025."

4. Subsequent to it, the Medical Board has examined the petitioner and ultimately has opined as below;

"Based on the above examinations and opinions, MsX d/o Abrar Ali aged 14 years, Primigravida with 26

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weeks of gestation for medical termination of pregnancy, the medical board at Vanivilas hospital is of the opinion that termination of pregnancy can be considered in this patient with the benefits and risks similar to that of second trimester abortion."

5. It is pertinent note that the provisions of the Medical Termination of Pregnancy Act, 1971 are clear in saying that for the purposes of the Section 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. Section 3(2)(a) and (b) read with Explanation 2 makes it clear that the pregnancy may be terminated within 24 weeks of the pregnancy. The Act is silent about the termination of pregnancy beyond the period of 24 weeks. As on the date of the examination, the medical opinion is that there is single live intrauterine gestation of 24 weeks +6days +/- 02 weeks. In the light of it, it appears that the gestation may be 23 weeks plus. Learned counsel appearing for the petitioners would rely on the judgment in the case of

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X Vs Principal Secretary, Health and Family Welfare Department. In the said judgment it was held that right to reproductive autonomy has to be preserved and choice of pregnancy to continue or to terminate on the woman irrespective of her marital status is to be recognized. In similarly situated case, this Court has allowed the writ petition in W.P.No.6078/2025.

6. The afore quoted opinion indicates that the petitioner can undergo the medical termination of pregnancy and therefore, it would be necessary for directions to be issued to the Hospital to undertake the termination of pregnancy in view of the fact that the gestation period is indicated to be 24 weeks plus or minus 02 weeks. Therefore, the writ petition deserves to be allowed. Hence, the following:

ORDER

i. The writ petition is allowed.

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ii. Mandamus is issued to the State to direct Vani Vilas Hospital, Bangalore to carry out procedure for medical termination of pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971 forthwith.

iii. The procedure is subject to further examination of the Doctor who has to conduct such a procedure and if in the opinion of the Doctor, such a procedure would cause any harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure.

iv. The petitioner shall not be liable to make any payment towards such procedure.

v. Parents or father of the petitioner and child protection officer is directed to take the child to the hospital.

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vi. In the event of the Doctor carrying out the Medical termination of Pregnancy, the biological sample of the fetus be preserved for investigation purposes.

vii. The Registry to communicate to all concerned in this regard, including the Medical report of Vani Vilas Hospital, forth with.

Sd/-

(C M JOSHI)

JUDGE

SHS

List No.: 1 Sl No.: 158