VICTIM M. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant writ petition has been preferred on behalf of the victim M female with the following relief:-

(2.) It is argued by the learned counsel for the petitioner that the petitioner is minor and a victim of an incident and now she is pregnant of 28 weeks and as such respondent be directed to terminate the pregnancy of the petitioner in accordance with the provisions of Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021. On the previous date vide order dtd. 25/2/2026 the learned A.G.A informed to this Court that the Medical Board 12 members has already been constituted and today Mr. Tumul Nainwal, learned A.G.A. place before this Court the report of the Medical Board headed by Director General of State Medical Council as a Chairman and on pursuant of the report it reveals that the victim examined on 24 and 25/2/2026, and opined that the age of the victim is 14 years having 28 weeks pregnany and she is in high risk pregnancy.

(3.) Learned counsel for the petitioner submits that in terms of Sec. 3 of Medical Termination of Pregnancy Act, 1971, the pregnancy can be terminated if the pregnancy exceed twenty weeks but does not exceed twenty four weeks. Sec. 3 of the Medical Termination of Pregnancy Act, 1971 is read as under :-