ABC Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) To give birth to an unwanted child or not is the question for determination in this Writ Petition.

(2.) The petitioner is a mentally retarded women, through her sister, is before this Court, seeking Medical Termination of Pregnancy of an unwanted child in which she was ravished in a sexual incident. The would be mother is seeking a life of dignity and for the said purpose, she is seeking intervention of this Court for passing a suitable order so that she may be allowed to abort the unwanted child and she may live a dignified life without there being any trauma of such an incident.

(3.) The present writ petition has been filed seeking permission to terminate the pregnancy of the sister of the petitioner. The sister of the petitioner is suffering from Mental disorder known as IDD + Epilepsy and taking advantage of the same, one Mahendra Dhiwar, a resident of the same village, illured and has deceived the sister of petitioner developing physical relationship while promising to marry her. When this fact came to the knowledge of the petitioner and her family members, they went to Mahendra Dhiwar, asked him to marry the victim, but he refused to marry and upon finding this, the FIR has been lodged by the mother of the petitioner against Mahendra Dhiwar at Police Station Ratanpur, Bilaspur bearing Crime No. 36/2025 for commission of the offence punishable under Sec. 64(2)(k) of the BNSS, 2023.