MRS. X Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant writ petition has been filed invoking writ jurisdiction of this Court for issuance of a writ in the nature of Mandamus directing the respondents to terminate the pregnancy of victim "X" daughter of the petitioner in view of the provision of the Medical Termination of Pregnancy Act, 1971.

(2.) Learned counsel appearing on behalf of the petitioner contends that the minor victim 'X' has filed the instant petition through her natural guardian-her father. She contends that the petitioner was subjected to rape as a result whereof she got pregnant. An FIR No. 440 dtd. 21/10/2022 under Ss. 363, 366-A, 376, 450 and 34 of the IPC and Sec. 4 and 17 of the Protection of Children from Sexual Offences, Act, 2012 has been registered at Police Station Punhana, District Nuh. She submits that the petitioner is a minor and continuation of the pregnancy will cause a great physical and psychological trauma to the minor and further contends that she being dependent for her own self is not in a situation to take care of the child in case she is supposed to give birth. Learned counsel for the petitioner submits that since the pregnancy is more than 24 weeks old, the petitioner is bound to approach this Court for seeking termination of the pregnancy in accordance with the statutory mandate.

(3.) Vide order dtd. 9/11/2022, the petitioner was directed to appear before the Medical Board of the Shaheed Hasan Khan Mewati Govt. Medical College and Hospital, Mewat. A report from the Board of Directors was also called for in this regard.