D. JEGATHA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The Writ Petition is filed seeking issue of Writ of Mandamus directing the Second Respondent to medically terminate the pregnancy of Petitioner's daughter "S" (the name of the girl is not mentioned in order to protect privacy) in accordance with Medical Termination of Pregnancy Act, 1971.

(2.) It is the case of the Petitioner that she is the Mother of Minor Girl "S" aged about 16 years. On 7/1/2025, the Petitioner acquired knowledge about the pregnancy of the girl. On enquiry, the Petitioner came to know that she had an affair with one Dhilip and as a result of intimacy with him, she got pregnant. It is stated by the Petitioner that her daughter is a Minor Girl and in the interest of the child and also upon her wish, she decided to terminate the pregnancy. It is also stated that a Criminal case was registered against the above mentioned person in Crime No.1 of 2025 on the file of the First Respondent-Police under Ss. 5(1) & 5(j)(ii) r/w Sec. 6 of the Protection of Children from Sexual Offences Act, 2012. Since the daughter of the Petitioner was anemic, blood transfusion was done to her in Primary Health Centre, Wallajah on 16/1/2025. Since the incharge of the Primary Health Centre expressed inability to carry out Medical Termination of Pregnancy (hereinafter called as MTP for brevity), due to the lack of facility, the Petitioner admitted her daughter in Second Respondent-Hospital.

(3.) It is asserted by the Petitioner that her daughter is a Minor undergoing 12th standard School education. It is asserted that she wants to terminate the pregnancy and continue her studies. It is also stated that the Petitioner's daughter has to attend the board examination for 12th standard and therefore, there is an urgency for termination of the pregnancy. Since authority in the Second Respondent-Hospital informed the Petitioner that duration of pregnancy was more than 24 weeks and they would perform MTP only on specific Orders from the Court, the Petitioner was constrained to approach this Court, seeking above mentioned direction.