X Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this writ petition, a victim of sexual assault, aged about 13 years, has prayed for a direction, by issuing a writ of Mandamus, to Chief Medical Officer, Dehradun and Doon Medical Hospital, Dehradun through its Managing Director to terminate the pregnancy of the petitioner caused due to illegal act perpetuated upon her.

(2.) This writ petition has been filed through her father and natural guardian. He and victim girl appeared before this Court virtually. He has consented for medical termination of unwanted pregnancy, though a panel of doctors constituted by this Court as per order dtd. 5/12/2022, has stated that since termination of pregnancy at any stage entails various medical surgical complication including risk of operative delivery and anaesthetic complications and ICU admission and danger of life, so it can be attempted with complete informed consent.

(3.) It is not disputed at this stage that pregnancy of the victim girl, who is petitioner before us, has pregnancy of 25 weeks and 4 days. Sub sec. (2) of Sec. 3 of the Medical Termination of Pregnancy Act, 1971 provides for termination of pregnancy where the length of pregnancy exceeds 12 weeks but does not exceed 24 weeks can be done on the opinion of two registered medical practitioners.