Y Vs. UNION OF INDIA

JUDGEMENT

(1.) This case projects the plight of a fifteen year old girl, a POCSO victim, who is pregnant by 24 weeks and wants to terminate her pregnancy. The Medical Termination of Pregnancy Act, 1971 provides an outer limit of 24 weeks, beyond which termination is not permissible.

(2.) As per Sec. 312 of the Indian Penal Code, causing miscarriage is a punishable offence, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman. An exception to this penal provision is is carved out by Sec. 3(2) of the Medical Termination of Pregnancy Act, 1971, which reads as under;

(3.) Sec. 5 provides an exception from the rigour of Sec. 3, when the registered medical practitioner is of opinion that the termination is immediately necessary to save the life of the pregnant woman.