A. MINOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is preferred by the father of minor rape victim seeking directions from this Court to get terminated her pregnancy. The name of the victim has not been disclosed in this order in view of the provisions of Sec. 5A of the Medical Termination of the Pregnancy Act, 1971.

(2.) As per petition, the petitioner has completed her age of 14 years just few days back i.e. on 3/10/2024. An FIR was lodged at Police Station, Narmadapuram Dehat, District Narmadapuram registered as Crime No.482/2024 under Ss. 376(3), 376(1), 506 (j) (ii) of POCSO Act, 2010 upon the complaint lodged by the petitioner at Police Station, Kotwali, District Betul on 18/9/2024. As per petition, the petitioner was subjected to sexual assault and rape by her relative and later on she was found pregnant. When report was lodged, she was having pregnancy of 26 weeks. The minor petitioner again examined by doctor on 1/10/2024 and it was found that the gestational age of the fetus is about 28 weeks and six days. As the petitioner is minor girl of tender age 14 and is not capable to take care of child and if permitted to give birth to a child, it will result in mental, physical, emotional and social trauma, resultantly the petitioner and her parents have decided to go for medical termination of pregnancy and therefore, with the aid of High Court Legal Aid Committee, the present petition is preferred by the petitioner through her father for seeking permission to terminate the pregnancy of 28 weeks and six days.

(3.) This Court by order dtd. 4/10/2024 issued directions to the State to seek opinion of Medical Board to examine the petitioner and submit the report before this Court. On 5/10/2024, the Gandhi Medical College, Bhopal constituted a Medical Board of eight doctors i.e. one Professor, Representative of Superintendent, One Professor of Obstrics and Gynaecology Department, One Associate Professor, each from General Surgery, Pediatrics, Obstetrics and Gynaecology, Obstetrics and Gynaecology, Pathology and Radiodiagnosis to examine the petitioner and submit the report for the purpose of termination of pregnancy beyond 24 weeks. The opinion of the Medical Board for termination of Pregnancy reads as under :-