FATIMA BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner herein seeks a writ of Mandamus directing the respondent No.3 to terminate the pregnancy of her minor sister namely Maher Begum, D/o. late Mohammed Shareef, aged 15 years, whose gestation period is 20 weeks 4 days, under the provisions of Medical Termination of Pregnancy Act, 1971

(2.) Heard the learned counsel for the petitioner, learned Government Pleader for Medical and Health appearing for respondent Nos.1 and 3, learned Assistant Government Pleader for Home appearing for respondent No.4 and perused the record.

(3.) Learned counsel for the petitioner would submit that the victim by name Maher Begum is the minor sister of the petitioner, aged 15 years. The victim is mentally unstable. She was raped by a person named Ahmed Bawazeer and a case in Crime No.40 of 2022 of Chandrayangutta Police Station for the offences punishable under Sections 376(2)(n), 376(3) of IPC and Sections 5 read with 6 of POCSO Act, 2012, was registered against him. Subsequently, the victim became pregnant and as on today, her gestation period is "23 weeks (just commenced)". Continuation of pregnancy of the victim would be highly risky to the victim's life. According to Section 3 of the Medical Termination of Pregnancy (Amendment) Act, 2021, the pregnancy of the victim, whose gestation period is between 20 to 24 weeks, can be legally terminated and accordingly sought a direction to respondent No.3 to admit the victim in his hospital and terminate her pregnancy forthwith.