A B C NIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On being urgency shown in the petition, the matter has been taken up in the winter holidays on 24/12/2024, and detailed medical report of the petitioner from the Medical Board, Bilaspur, constituted for the Medical Termination of Pregnancy (MTP) under the Medical Termination of Pregnancy Act, 1971 (for short, "the Act of 1971") was called. After her examination, the Medical Board has submitted its report today itself, which is being taken on record, and then, this Court proceeds to decide the matter.

(2.) The petitioner, who is a victim of rape, and sexual violence, has preferred this writ petition on 23/12/2024 for termination of pregnancy, which, according to her, is a result of commission of offence of rape upon her, with the following prayer:

(3.) The petition was came up for hearing before this Court on 24/12/2024. On that day, this Court called a detailed report from the Medical Board constituted under the Act of 1971, and under the Notification dtd. 7/6/2024, issued by the State Government, which consists of one Gynecologist, one Pediatrician, one Radiologist/Sonologist, and any other member, as required in the case, available in the hospital, to examine the petitioner. Examination report of the patient/petitioner with regard to her physical and mental state; Stage of pregnancy; Overall condition of foetus; How far the termination of pregnancy will be detrimental; How far it be detrimental, if the petitioner is allowed to complete full term of pregnancy; and Investigation report, and the report was directed to submit through the Collector, Bilaspur. The Collector, Bilaspur was also directed to ensure the compliance of order dtd. 24/12/2024, and to submit the report of Medical Board on 26/12/2024 before this Court. In compliance of that order, medical report of the petitioner has been submitted through the State counsel, which is taken on record.