JUDGMENT Raj Mohan Singh, J.(Oral) - Petitioner has preferred this writ petition for the issuance of an appropriate writ, order or direction in the nature of mandamus, directing respondent No.2 (PGIMER), Chandigarh to medically examined the petitioner (minor victim of rape) through its Permanent Medical Board and after assessment, terminate her pregnancy, which is about 27 weeks and 6 days. 2. On 09.08.2022, following order was passed:- 'Petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus directing respondent No.2 - Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh to medically examine the petitioner (minor victim of rape), through its permanent medical board as there is an imminent danger to her life attributable to her forced pregnancy. As of now, the petitioner is having more than 27 weeks of pregnancy. The victim has become pregnant owing to misdeeds of her neighbour. FIR has already been registered against the accused. Learned counsel for the petitioner submits that the minor victim has become pregnant and it will be humiliating and dangerous to her life to give birth to a child keeping in view her tender age. There is a substantial risk in case of delivery of a child and the minor may suffer physical and mental abnormalities. For terminating pregnancy of 12 weeks of gestation period, satisfaction of one medical practitioner is required. If the pregnancy is more than 12 weeks and upto 20 weeks, then satisfaction of two medical practitioners is required. In case of pregnancy of more than 20 weeks, opinion of Medical Board is required. When the woman/victim is below the age of 18 years, or is mentally ill, then pregnancy can be terminated on the basis of consent given by a guardian of minor girl/ woman. Learned counsel further submits that the victim is very much available in Chandigarh. The present petition has been filed through her natural guardian i.e. mother. Continuation of pregnancy may endanger physical and mental health of the victim and the termination would be subject to opinion of the Medical Board in order to rule out any such contingency. Notice of motion. At this stage, Mr. The present petition has been filed through her natural guardian i.e. mother. Continuation of pregnancy may endanger physical and mental health of the victim and the termination would be subject to opinion of the Medical Board in order to rule out any such contingency. Notice of motion. At this stage, Mr. Abhishek Premi, Advocate, accepts notice on behalf of respondent No.2 - PGIMER and submits that in case the victim appears before the Medical Superintendent, PGIMER, Chandigarh at 10:00 AM tomorrow, then the victim shall be medically examined by a duly constituted Medical Board. In view of the aforesaid, the petitioner (mother) alongwith the victim is permitted to appear before the Medical Superintendent, PGIMER on 10.08.2022 at 10:00 AM. The Medical Superintendent, PGIMER shall ensure that Medical Board, after medical examination of the victim, give assessment report regarding termination of pregnancy of the victim. The said report shall be sent to this Court in a sealed cover. If possible, medical opinion be furnished to this Court in after-lunch session. Adjourned to 10.08.2022. To be shown in urgent list." 3. In compliance of the aforesaid order, the victim has been examined by the Permanent Medical Board of PGIMER, Chandigarh. 4. Today, a report of Medical Board has been received in a sealed cover. Report has been opened and is marked as Mark 'A-1' and the same be tagged at an appropriate place in the paper book. 5. Perusal of the aforesaid report would give the following characteristics:- 1. Medical Board reviewed the case on 10th august, 2022. As per USG doone on 10.8.2022, her gestation was found to be 27+6 weeks with a normal foetus with weight of 1.12 kg with no congenital malformations. 2. The patient has been examined by Internal Medicine Physician and found to be physically fit. 3. On evaluation by psychiatrist, she is mentally distressed due to this pregnancy and expresses active suicidal idea if pregnancy is continued. 4. Medical termination of pregnancy at an advanced gestation of 27 weeks + 6 days carrries more than the usual risks to the patient herself as compared to MTP at earlier gestations. However, continuation of pregnancy at such age (14 years) is also likely to be associated with more complications than pregnancy in an adult. 5. 4. Medical termination of pregnancy at an advanced gestation of 27 weeks + 6 days carrries more than the usual risks to the patient herself as compared to MTP at earlier gestations. However, continuation of pregnancy at such age (14 years) is also likely to be associated with more complications than pregnancy in an adult. 5. The Medical Board would like to inform the Hon'ble High Court that if pregnancy is terminated at this gestation (27+6), it will be like 'childbirth' of a viable foetus that is likely to be born alive. This neonate will require prolonged neonatal intensive care and is likely to survive with possibility of long term significant neuro-developmental disabilities due to extreme prematurity. 6. As there may be perceived risk of danger to her life due to suicidal idea if pregnancy is continued, the Medical Board recommends that this patient is admitted to PGIMER immediately and provided medical and psychiatric support. 6. Apparently, Medical Board has opined that the pregnancy of the victim is at an advanced stage of gestation of 27 weeks, 6 days which carries more than usual risks to the patient herself as compared to MTP at earlier gestations. Continuation of pregnancy at such an age i.e. 14 years is likely to be associated with more complications than pregnancy in a case of an adult. Board has opined that if pregnancy is terminated at this gestation (i.e. 27 weeks + 6 days), it will be like 'childbirth' of a viable foetus that is likely to be born alive. This neonate will require prolonged neonatal intensive care and is likely to survive with possibility of long term significant neuro-developmental disabilities due to extreme prematurity. At the same time, if the pregnancy is continued, there is a risk of danger to her life due to suicidal ideas. Medical Board has recommended that the patient be admitted for providing medical psychiatric support. The background in which the victim has conceived pregnancy has also to be taken note of. 7. In view of status of the victim, her pregnancy needs to be terminated, provided there is no risk to her life and mental state of health. 8. Medical Board has recommended that the patient be admitted for providing medical psychiatric support. The background in which the victim has conceived pregnancy has also to be taken note of. 7. In view of status of the victim, her pregnancy needs to be terminated, provided there is no risk to her life and mental state of health. 8. Though learned counsel for the petitioner has shown willingness of the petitioner to undergo MTP on the victim at such an advance stage of gestation, but the issue is required to be left for medical experts to have final call on the subject. Learned counsel in support of his assertion has relied upon A Vs. Union of India, (2018) 14 SCC 75 , wherein the Hon'ble Apex Court has permitted termination in a case where the gestational age was 25-26 weeks. In Sarmishtha Chakrobortty and another Vs. Union of India, (2018) 13 SCC 339 , the Hon'ble Apex Court has permitted termination of the pregnancy when the gestational age was 26 weeks. In Murugan Nayakkar Vs. Union of India, 2007 SCC OnLine SC 1092, the Hon'ble Apex Court has allowed medical termination of pregnancy beyond the statutory outer limit prescribed in the Act, considering the fact that the victim was 13 years only and even in the light of opinion expressed by the Board, showing danger for the mother as well. 9. It is not in dispute that the woman has a right to live with dignity in view of Article 21 of the Constitution of India, but in order to exercise that right, the victim has to be alive. When there is a contingency as regards her chances of survival on being surgically operated, then this right become very subjective. The opinion rendered by the Medical Board is some what carrying both the possibilities, leaving the parties to face some uncertainties. 10. In view of aforesaid facts, it would be just and appropriate to request the Medical Superintendent of PGIMER, Chandigarh to admit the victim forthwith and provide medical and psychiatric support. If in the opinion of the team of Doctors, the victim is found to be fit enough for surgical intervention, then needful be done. The ultimate decision of the operating team would prevail for the welfare of the victim as well as of unborn child. If in the opinion of the team of Doctors, the victim is found to be fit enough for surgical intervention, then needful be done. The ultimate decision of the operating team would prevail for the welfare of the victim as well as of unborn child. If the surgical intervention is successfully done and if the baby is born alive, then both the respondents be act in tandem as per guidelines on the subject. If during procedure of medical termination of pregnancy, the operating team sees any risk to the life of the victim, then they will have the discretion to abondon/cancel the procedure forthwith. The Medical Team shall maintain the complete record of procedure of termination of pregnancy of the victim and shall also take the blood samples of the foetus for conducting the DNA and other tests. 11. For the reasons recorded hereinabove, this writ petition is disposed of. Necessary consequences to follow.