LAWS(BOM)-2024-9-74

XYZ Vs. STATE OF MAHARASHTRA

Decided On September 05, 2024
Xyz Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioner, a minor of 17 years of age, is in the 26th week of pregnancy, being a victim of child abuse. There is a F.I.R. filed against the accused in the said crime. She seeks permission for medical termination of the pregnancy.

(2.) By an Order dtd. 28/8/2024, this Court directed the Authorities of J.J. Group of Hospitals and Grant Medical College, Mumbai to constitute a Medical Board in terms of the provisions of Sec. 3(2-D) of the Medical Termination of Pregnancy (Amendment) Act of 2021 (M.T.P.Act) read with the Medical Termination of Pregnancy Act, 1971, to examine the Petitioner and to submit a report to this Court. The Medical Board while forming its opinion was also requested to evaluate the physical and emotional well-being of the Petitioner as well as the impact and repercussions of the continuance/termination of pregnancy.

(3.) Accordingly, a Medical Board was constituted by the J.J. Group of Hospitals and Grant Medical College, Mumbai and a report dated 2 nd September 2024 is submitted before us today. We have perused the report. It is taken on record and marked 'X' for identification. The report is unanimous.