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Madhya Pradesh High Court · body

2019 DIGILAW 714 (MP)

Komal (Ms) v. State of M. P.

2019-10-04

S.C.SHARMA

body2019
ORDER 1. The petitioner before this Court has filed the present petition making a prayer that she should be permitted to terminate the pregnancy as she is a rape victim. 2. This Court by order dated 1.10.2019 has directed the Medical Board to submit a report. The Medical Board has submitted the report which reads as under : "As per above subject Miss Komal Patel D/o Late Shri Jagdish Patel 15 years was brought to us for her examination by medical board and status of pregnancy. A medical board of 6 experts from deptt of Obs. and Gyn. Medicine, Anesthesia, and Psychiatry was formed. We all examined her thoroughly and found that as per ultrasonography report dated on 18.9.2019 done at distt hospital Ujjain. She is pregnant and carrying single live fetus. Today on 3.10.2019 according to USG her gestational age is 22 week 5 day. She is anemic and her Hb is 7.8 gm%. MTP Act of India does not permit the termination of pregnancy beyond 20 weeks of gestation. However, if honourable Court permits, pregnancy can be terminated with due risk after expert's opinion and fitness. Also she needs admission for correction of anemia." 3. Section 3 of Medical Termination of Pregnancy Act, 1971 reads as under : Sec.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,- (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. 4. This Court has carefully gone through statutory provisions of law and termination of pregnancy in case where the gestational age is more than 20 weeks is permissible as the pregnancy is going to cause anguish and can be constituted as a grave injury to the mental health of the pregnant woman. Undisputedly the petitioner is a rape victim and in similar circumstances, this Court has granted permission in other cases for termination of pregnancy. In the case of Ku. Durgesh Gurjar v. Child Welfare Department and others, similar order has been passed by this Court in W.P.No. 15183/2018. 5. Resultantly, the present petition is also allowed and keeping in view the medical opinion, permission is granted to the authorities to terminate the pregnancy. 6. The State Government is directed to admit the petitioner in M.Y. hospital and get the pregnancy terminated at the state cost. The hospital authorities are also directed to conduct a DNA test in respect of fetus as well as in respect of petitioner, who is a rape victim. A copy of DNA test/report be sent to the Principal Registrar of this Court as well as to the concerned police station, where crime has been registered, in a sealed cover. 7. The hospital authorities are also directed to conduct a DNA test in respect of fetus as well as in respect of petitioner, who is a rape victim. A copy of DNA test/report be sent to the Principal Registrar of this Court as well as to the concerned police station, where crime has been registered, in a sealed cover. 7. The hospital authority is also directed to provide all possible assistance including treatment, post operative care to the petitioner. The petitioner who is being looked after by One Stop 3 W.P.No.20971/2019 Center, Ujjain be admitted in the M.Y. Hospital today itself for treatment as well as termination of pregnancy. 8. A copy of this order be given to learned counsel for the parties today itself and copy of the same be also forwarded to the Dean, M.Y. Hospital for compliance. With the aforesaid, the petition stands disposed of.