X Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The minor petitioner, who has approached this Court through her father, her legal guardian, has prayed for permission to undergo a medical termination of pregnancy. A further direction was sought for the constitution of a Medical Board in terms of the provisions of the Medical Termination of Pregnancy Act, 1971[1]. The petitioner, who is stated to be about 17 years old, is a victim of sexual assault. That incident is stated to have occurred in her native village on 25/12/2021. In connection with that incident a First Information Report has also been registered with the Safdarjung Enclave Police Station. As per the petitioner, she is pregnant by 24 weeks and few days.

(2.) On 9/7/2022 the petitioner is stated to have approached the second respondent hospital for advice and treatment. Upon being apprised of the legal remedies which would have to be pursued, the instant petition came to be preferred before this Court. When the matter was called on 14/7/2022 the Court had passed an order for counsels representing the respondent hospital to obtain requisite instructions. On 18/7/2022 the Court was apprised that the respondent hospital had of its own motion constituted a Board of four members for the medical examination of the petitioner. The Board so constituted had drawn up a report dtd. 16/7/2022. That report records the age of the petitioner as about 13 years. It further indicates that as per the clinical examination undertaken and the ultrasound report, the period of gestation is 25 weeks and 6 days. The Board has opined that in case of termination of pregnancy beyond 24 weeks, the Act sanctions termination of pregnancy only in case of substantial foetal abnormalities that may be diagnosed by the Medical Board. In the absence of such a condition obtaining in the present case, the Board has expressed its inability to proceed further.

(3.) The Court notes that the aforesaid opinion fails to take cognizance of the notable amendments introduced in the Act in terms of Act No.8 of 2021. In terms of the amending Act, sub-sec. (2) of Sec. 3 came to be substituted in the following terms: