NARAYANI BAI KUSHWAHA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking permission for medical termination of pregnancy on the ground that the minor daughter of the petitioner was subjected to rape. Crime No. 525/2020 has been registered at Police Station Dharnavada, District Guna and the accused is behind the bars. However, her minor daughter aged about 12 years is pregnant and her pregnancy is detrimental to her health.

(2.) This Court by order dtd. 17/02/2021 had directed the CMHO, Guna to constitute a Medical Board including a Gynecologist within a period of two days to submit a report as to whether the termination of pregnancy of the daughter of the petitioner is possible or not. Furthermore, the counsel for the State was also directed to requisition the Case Diary.

(3.) Today, vide Document No. 2272/2021, the State has filed the report of CMHO, Guna along with the opinion of the Medical Board, which is reproduced as under :-