A (MOTHER OF X) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal emanates from a judgment of a Division Bench of the High Court of Judicature at Bombay dtd. 4/4/2024 which denied the minor daughter of the Appellant (hereinafter referred to as 'X') permission to terminate her pregnancy. 'X' is a minor, about fourteen years of age and is alleged to have been subjected to sexual assault in September 2023. The incident did not come to the fore till 'X' revealed the incident on 20/3/2024 by which time she was about 25 weeks into her pregnancy. 'X', it has been averred, always had irregular periods and could not have assessed her pregnancy earlier.

(2.) An FIR was registered with Turbhe MIDC Police Station against the alleged perpetrator on 20/3/2024 for offences punishable under Sec. 376 of the Indian Penal Code and Ss. 4, 8 and 12 of the Protection of Children from Sexual Offences Act 2012. 'X' was taken to a hospital on 21/3/2024 for medical examination and then transferred to the JJ Group of Hospitals, Mumbai for termination of her pregnancy. On 28/3/2024 the medical board of the Grant Government Medical College & Sir JJ Group of Hospitals, Mumbai constituted under the Medical Termination of Pregnancy Act,1971(MTP Act) opined that 'X' was physically and mentally fit for termination of her pregnancy subject to the permission of the High Court.

(3.) The Appellant moved the High Court of Judicature at Bombay under Article 226 of the Constitution seeking the termination of pregnancy of her daughter. On 3/4/2024, the medical board issued a 'clarificatory' opinion, without re examining 'X'. The report denied the termination of pregnancy on the ground that the gestational age of the fetus was twenty-seven to twenty-eight weeks and that there were no congenital abnormalities in the fetus(There is an inexplicable inconsistency on the gestational age in the report of the medical board of the Grant Government Medical College & Sir JJ Group of Hospitals, Mumbai dtd. 28/3/2024. Point 5 and 6 of the report mention the gestational age as 27 weeks, but the opinion of the board in point 7 mentions the gestational age to be 28 weeks). By the impugned judgment the High Court dismissed the writ petition on the ground that the pregnancy exceeded the statutory period of twenty-four weeks.