MANJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Smt. Geetanjali Chaurasia, learned counsel for the petitioner.

(2.) According to the petitioner her daughter is a rape victim. She lodged an FIR No. 0/2019 dated 27.03.2019 in Police Station Mahila Thana, Indore for offence under Sections 376, 376(2)(n), 376(2)(f) and 506 of the IPC and Sections 5(I)(n) and 6 of Protection of Children from Sexual Offences Act, 2012. Because of that unfortunate incident, she became pregnant and as on 28.03.2019, the life of fetus was 20 weeks. Since, the life of fetus has exceeded 12 weeks, therefore, under the provisions of Medical Termination of Pregnancy Act, 1971 (hereinafter referred as "Act of 1971") the doctors have restrained themselves to terminate the pregnancy, Hence, the petitioner has approached this Court by way of writ petition as victim do not want to continue with pregnancy.

(3.) By order dated 03.04.2019 this Court has directed the Superintendent of M.Y. Hospital, Indore to constitute a medical board having at least one senior gynaecologist and the medical board was directed to examine the petitioner's daughter and submit the report if it is safe to terminate the pregnancy at this stage. The daughter of the petitioner was examined by the Team of Doctors Dr. Hemlata Jharbade, Dr. Mohini Rajoriya and Dr. Surabhi Porwal. Thereafter, they submitted a joint report to the Superintendent of M.Y. Hospital recommending termination of pregnancy. The report is reproduced below:-