MALTIDEVI GAMBHIRSINGH SAHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule for the respondent- authorities. 1. This Court passed a detailed order on 14.10.2020, which would profitably require reproduction at this stage:

(2.) Today, medical certificate of the corpus is produced before us, which states that, as per physical and psychological examination of the patient, she can undergo the process of termination of pregnancy by suction or evacuation through USG pelvis. She is carrying pregnancy for 5 weeks and 1 day. Her dental age, on the basis of the clinical examination, is of 12 years and the assessment of her medico-legal age shall be done on 15.10.2020. We notice that her age, as per the certificate is 14 years and 1 month. The corpus is traced from the State of Bihar and is brought back to Gujarat. Her statement, under Section 164 (5) (a) of the Code , also has been recorded and presently, she is with her parents, who have given the consent, in writing, for both her medical examination and termination of the pregnancy.

(3.) Section 3 of the Medical Termination of the Pregnancy Act, 1971 ('the Act', hereinafter, requires direction for termination of the pregnancy along with the consent of the parents by a registered medical practitioner, as provided under sub-Section (2) of Section 3 of the Act, the length of pregnancy does not exceed 12 weeks or where, the length of pregnancy exceeds 12 weeks, but, not 20 weeks, if, not less than two registered medical practitioners are of the opinion, formed in good faith, that the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury, physical or mental health or there is a substantial risk that, if, the child were born, it would suffer from such physical or mental abnormalities, as to be seriously handicapped. The explanation to this Section states that where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Sub-section (3) of Section 3 of the Act provides that in determining, whether the continuance of pregnancy would involve such risk of injury to the health, as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable foreseeable environment, whereas, Section (4) (a) of Section 3 provides that no pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian. Sub-section (4) (b) of Section 3 further lays down that, save, as otherwise provided in C1, (a) no pregnancy shall be terminated, except, with the consent of the pregnant woman. Section 4 of the act provides for the place, where, pregnancy may be terminated. It provides that no termination of pregnancy shall be made in accordance with this Act at any place other than a hospital established or maintained by Government or a place for the time being approved for the purpose of this Act by Government. However, as per Section 5 of the Act, the provisions of Sections 3 and 4 of the Act shall not be applicable, if, two registered medical practitioners are of the opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.