A Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India making a prayer for granting permission for medical termination of pregnancy of a minor girl, who is represented by her guardian, father. Prosecutrix was subjected to rape and become pregnant.

(2.) Counsel appearing for the petitioner submitted that FIR was lodged on 29/11/2024 of rape on a minor mentally challenged girl aged about 14 years. MLC was done on 30/11/2024 and she was pregnant about 21 weeks and 3 days and as on 30/1/2025, she was pregnant for 30 weeks and 1 day. Father is sole guardian, labourer and he will not be able to handle the grave situation. Looking to the age of a girl and impact of pregnancy on her physical, mental and psychological well being and societal repercussions, petitioner may be permitted to terminate the pregnancy. Minor girl is not capable of taking care of herself and bringing up of child. Petitioner is having reproductive autonomy. Petitioner is a woman and she is having right to take decision to give birth or not. It is submitted by her that opinion of Medical Board must not be restricted to the criteria under Sec. 3(2)(B) of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to 'Act of 1971') and may also evaulate physical and emotional well being of pregnant person. In these circumstances, prayer is made for medical termination of pregnancy.

(3.) Govt. Advocate for the State has produced the medical report of examination of victim. Report was not clear and nothing has been said, therefore, to help Court to decide on medical termination of pregnancy, second opinion was called for vide order dtd. 4/2/2025. Second medical opinion report dtd. 5/2/2025 is received and same is reproduced as under:-