VICTIM Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner being a victim of rape has approached this Court seeking direction to the respondents to terminate her pregnancy. At present, the petitioner is a minor child and period of her pregnancy has crossed 24 weeks. Since under The Medical Termination of Pregnancy Act, 1971, termination of the baby is not permissible, therefore, the present petition is filed.

(2.) Vide order dtd. 16/10/2023, this Court directed Dean of MGM Medical College and M.Y. Hospital, Indore to constitute a Medical Board of experts to examine the victim's health condition and give opinion whether termination of pregnancy would be safe for health and life of the victim. The Dean constituted 5 members' Committee comprising Head of the Department, Professor of OBS, Gynecologist, Pediatrics, Radiologist, Head of the Department, Professor of Surgery, Head of the Department and Professor of Pathology and all of them gave opinion that the patient is minor and victim of sexual assault. The termination of pregnancy can be done.

(3.) Recently, the apex Court in the case of XYZ v. The state of Gujarat and others [Special Leave Petition (Criminal) Diary No(s). 33790/2023] has passed the judgment relating to this issue. The relevant paragraphs of the said judgment are as under :