SALMA KHAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Instant petition is filed by mother of the minor victim of rape seeking termination of pregnancy. The victim allegedly, is 15 years old which fact is supported by copy of birth certificate issued by the Senior Medical and Health Officer and Registrar of Births and Deaths, Shillong Municipal Board wherein the date of birth is recorded as 22.04.2003.

(2.) Vide order dated 01.11.2018, the Director Health Services, Meghalaya was directed to constitute Medical Board of registered medical practitioners for examining the victim in tune with requirement of Section 3(2)(b) of The Medical Termination of Pregnancy Act, 1971[hereinafter referred to as the Act of 1971]. In compliance whereof, the Board has been constituted comprising of nine members which include (1) Dr. T.S. Nong-khlaw, Director of Health Services (MI), Meghal-aya, Shillong, (2) Dr. O. Lamare, Joint Director of Health Services (SS), Civil Hospital, Shillong, (3) Dr. (Mrs.) N. Wanswett, Medical Superintendent (Jt. DHS), Ganesh Das Govt. MCH Hospital, Shillong, (4) Dr. M.R. Basaiawmoit, District Medical and Health Officer, East Khasi Hills District, Shillong, (5) Dr. (Mrs.) W. Shang-pliang, Gynaecologist, Ganesh Das Govt. MCH Hospital, Shillong, (6) Dr. (Mrs.) Y. Shabong, Paediatrician, Ganesh Das Govt. MCH Hospital, Shillong, (7) Dr. L. Slong, Radiologist, Ganesh Das Govt. MCH Hospital, Shillong, (8) Dr. B. Sohliya, Pathologist, Ganesh Das Govt. MCH Hospital, Shillong, and (9) Dr. S. Tariang, Medical Specialist, Ganesh Das Govt. MCH Hospital, Shillong. They have prepared a report as is produced by the learned Sr. GA., wherein, it is mentioned that examination reveals, pregnant female is with gestational age of approximately 16 (sixteen) weeks. The gynae-cologists are of the opinion that she can undergo termination of pregnancy carrying risks like Haemorrhage (Bleeding), Shock, Infection, retained products of conception, Cervical and Uterine injuries, Embolic Phenomena, Secondary Infertility (due to tubal Blockage), Hazards of Anaesthesia as per the gestational age. It is also mentioned that termination of pregnancy at this stage if unsuccessful by medical methods may need major surgical procedures requiring General Anaesthesia.

(3.) The Board has recorded its opinion as under: