SANGITA SANDIP DAHILKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner, the mother of a minor daughter aged 16 years, has filed this Petition seeking termination of her pregnancy. Petitioner's minor daughter X is a student who has appeared in 10th Standard Board Examination.

(2.) On 5/8/2020, the Petitioner with X visited a gynaecologist, and an ultrasonography test was conducted. The examination revealed that X was 23 weeks pregnant. After receiving the report, the Petitioner questioned X, who disclosed about the rape. X disclosed that she was sexually assaulted twice between 17/2/2020 and 3/3/2020, however since she was traumatized, she did not inform her parents. The Petitioner filed a First Information Report. Since the Petitioner came to know about the pregnancy after X was 23 weeks pregnant, the Petitioner could not get the pregnancy terminated because of the provisions of the Medical Termination of Pregnancy Act, 1971. Hence, she has filed the present Petition.

(3.) Sec. 3 of the Medical Termination of Pregnancy Act, 1971 regulates the conditions under which termination of pregnancy can be carried out. Sec. 3 lays down that termination of pregnancy up to 20 weeks can be carried out in certain circumstances. The relevant part of Sec. 3 reads thus:-