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2024 DIGILAW 279 (MP)

A Minor through Her Father v. State of M. P.

2024-03-14

RAJ MOHAN SINGH

body2024
ORDER 1. The minor victim has preferred this petition through her father seeking issuance of an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondent No.2 to medically terminate the pregnancy of the victim minor girl, who is only 16 years of age and is a rape victim. 2. On 29.2.2024, the FIR has been lodged by the mother of the minor victim against the accused for the offences under sections 376, 376(2)(n), 376(3) of IPC and other related offences under POCSO Act in police station Samnapur, District Dhindori (M.P). In the medical test itself, the victim has been found to be pregnant. Now, she is carrying pregnancy of 24 weeks and seeks to get it terminated in terms of provisions of Medical Termination of Pregnancy Act, 1971. On 12.03.2024, this Court has passed following order:- "Ms. Divyakeerti Bohare - Advocate for the petitioner. Shri V.P. Tiwari - Government Advocate for the respondents/State. Learned counsel for the petitioner submits that the petitioner is a rape victim and has become pregnant. She is carrying pregnancy of 24 weeks as o f now and seeks to medically terminate the pregnancy as per the provisions of Medical Termination of Pregnancy Act, 1971. For terminating a pregnancy of 12 weeks of the gestation period, satisfaction of one medical practitioner is required. If pregnancy is more than 12 weeks or 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. The age of the victim is about 16 years therefore, the present petition has been filed through her father i.e., her legal guardian, whose consent is material. In view of the aforesaid, the prosecutrix is directed to appear before the Dean, Netaji Subhash Chandra Bose Government Medical College, Jabalpur, who will constitute a committee of three competent faculty members including the Head of the Department of Obstetrics and Gynecologist. The Committee shall examine the prosecutrix and submit its report as to whether the pregnancy can be safely terminated or not. In view of the Committee so constituted by the Dean, one member shall be from the Department of Radiology, who shall carry out Ultra Sonography, if s o advised by the Gynecologist. The Committee shall examine the prosecutrix and submit its report as to whether the pregnancy can be safely terminated or not. In view of the Committee so constituted by the Dean, one member shall be from the Department of Radiology, who shall carry out Ultra Sonography, if s o advised by the Gynecologist. The Dean of Netaji Subhash Chandra Bose Government Medical College, Jabalpur, is required to make sure that the report of the Committee is submitted before this Court within two days, keeping in view the urgency involved in this case. Let a copy of this order be supplied to the learned State counsel during the course of the day so that necessary intimation be sent to the Dean of Netaji Subhash Chandra Bose Government Medical College, Jabalpur, along with this order. The prosecutrix is directed to appear before the Dean at 11 a.m. sharp tomorrow, i.e., on 13.03.2024. On her appearance, the Committee shall medically examine her and sent the report through proper channel. List this case on 14.3.2024." 3. In compliance of the aforesaid order, the victim has been medically examined by the duly constituted medical board in the respondent No.2 hospital. The medical board has concluded in the following manner:- "We have examined the survivor on 13/3/24 at 9 AM. She is aged 16 years (as per Aadhaar card). We have concluded that:- 1. The survivor's pregnancy is approximately 24 weeks. USG documents single live foetus 24 weeks plus 3 days, estimated foetal wt. 737 gms, dated 13/3/24, reviewed by consultant Radiodiagnosis. Her Haemoglobin is 9.7 gm%, dated 12/3/24. Other blood reports have been annexed to this report. Her vitals within normal limits (pulse 90/mt and BP=110/70 mmHg) 2. Till the point of examination, the survivor does not have any complication associated with or caused by pregnancy. Complications in Obstetrics, whether abortion or labour are probable and unpredictable and many times unpreventable. The process of abortion is termed as Mini Labour and hence subject to similar complications as that of labour at term. Continuation of pregnancy can predispose her to certain complications that tend to occur later in pregnancy and delivery at term, particularly in teenage pregnancy. 3. The survivor has been interviewed and examined in detail by the Psychiatrist who is of the opinion that the child's IQ level is within the normal limits. No significant issues were found other than the adjustment issues. 3. The survivor has been interviewed and examined in detail by the Psychiatrist who is of the opinion that the child's IQ level is within the normal limits. No significant issues were found other than the adjustment issues. She, however does not seem to be mature enough to take care of the baby. 4. There is an extremely remote possibility that the pregnancy, if terminated at present, the baby will be born alive but the chances of survival is very low. If, however the baby survives, then it can suf er some physical and mental disabilities. 5. Keeping in mind the above facts, if permitted by the Hon'ble court, her pregnancy can be terminated with utmost care, as per medical guidelines and her abortus will be preserved as per guidelines. It is however medically impossible to predict unforeseen complications and health condition of the survivor post abortion." 4. In the present case, the victim has come forward through her father to seek medical intervention for termination of unwanted pregnancy carried by the victim. The continuation of pregnancy may endanger physical and mental health of rape victim and the termination would be within the acceptable limits with institutional backup. Even as per the opinion expressed by the Medical Board there is an extremely remote possibility that the pregnancy, if terminated at present, the baby will be born alive but the chances of survival is very low. If, however the baby survives then it can suffer some physical and mental disabilities. When the woman/victim is below the age of 18 years or is suffering from some mental ailment, the pregnancy can be terminated on the basis of consent given by the guardian of the pregnant girl. The Medical Board has also expressed that the victim does not seem to be mature enough to take care of the baby. The Medical Board has also opined that the pregnancy of the victim can be terminated with utmost care, as per medical guidelines and her abortus will be preserved as per guidelines. In view of the facts and circumstances of the case, particularly when the victim is a minor rape victim, it will be humiliating and dangerous for the victim to give birth to a child as she may suffer physical or mental abnormalities besides countering social contingencies. The victim and her father are willing to get the pregnancy terminated by way of surgical intervention. The victim and her father are willing to get the pregnancy terminated by way of surgical intervention. The victim has been found to be fit as per medical parametres and reports which have been endorsed by the medical board as well. As per the finding given by the Medical Board, the pregnancy is approximately 24 weeks. There is single intrauterine live fetus with weight 737 gms. The Board has not shown any impediment in conducting the surgical intervention, however the same can be done after taking all precautions as the haemoglobin of the victim is found to be 9.7gm%. The medical parametres can be maintained by the doctors and then only the surgical intervention will be possible. Since the victim has been examined by the Psychiatrist as well, therefore, the willingness shown by the victim through her father can be considered in the overall situation to mean that the medical termination of the pregnancy is in the best interest of the victim. 5. Even during the course of arguments, learned counsel for the petitioner submits that the petitioner is also willing to get the victim medically operated by the competent doctors of respondent no.2 hospital. The background in which the victim has conceived pregnancy and in view of the status of the victim, her pregnancy needs to be terminated for which father and victim are ready to make statements and execute undertaking before the doctors which may be required before undergoing the medical intervention. 6. Since the victim has already been admitted in the respondent No.2 hospital, therefore, the Dean of the hospital would take all the necessary steps and would also undertake and facilitate the necessary medical procedure for terminating the pregnancy of the victim. The father and the victim are ready to fulfill all the necessary formalities for undergoing procedure of MTP done upon the victim. After medical procedure, abortus be kept preserved for DNA purposes. In case plea of the father and victim is found to be in accordance with the law and prevalent scheme, they may espouse their financial status before the concerned authority in order to seek any available benefit under the scheme (if any). 7. With these observations, the present writ petition is disposed of.