The Bombay High Court recently comprising of a divisional bench comprising of Justice KK Tated and Justice Abhay Ahuja remarked, “In cases where pregnancy is a result of physical abuse and the subsequent birth of a child would cause physical disabilities and mental trauma to the pregnant woman, the victim may, with the prior permission of the Court, be excused from the 20-week limitation imposed by the Medical Termination of Pregnancy Act.” (X v. The State of Maharashtra)
In the facts of the present case, it is mentioned that an FIR was lodged at Manikapur Police station under section 376 of the I.P.C. and under sections 4, 8 & 12 of the Protection of Children from Sexual Offences, Act, 2012. The victim was raped by the accused residing nearby. As a result of a sexual offence, the victim became pregnant. Petitioner did not get her menstrual cycle for three months. Petitioner’s mother noted a change in the Petitioner’s abdomen area and so took her to the local clinic for check-up, where doctor after examination informed Petitioner’s mother that Petitioner was pregnant and sent the Petitioner for a medico-legal checkup. The said test was conducted and police were informed. Medical examination of Petitioner revealed that she was pregnant and pregnancy was of 20 weeks gestation. The FIR was lodged. Since the pregnancy had exceeded the statutory period of 20 weeks prescribed under the Medical Termination of Pregnancy Act, 1971 (the “MTP Act”), Petitioner is seeking permission from this court to terminate her pregnancy.
Contention of the parties
The learned Counsel for the petitioner relied on a few judgments passed by the Hon’ble Supreme Court as well as different Division Benches of this Court dealing with the issue of granting permission for termination of pregnancy even after the statutory period of twenty weeks provided under the MTP Act was over. He submitted that the mental trauma that the victim petitioner is undergoing because of the pregnancy caused due to the offence of rape was causing serious injury to her mental health. Besides this, there was an inherent risk to her life because of pregnancy at such a tender age.
Courts observation and judgment:
The court allowing the termination remarked, “i. The petitioner is permitted to undergo medical termination of pregnancy as per Committee’s report dated 10th May 2021, at KEM Hospital, Mumbai.
ii. The Dean of the KEM Hospital, Mumbai shall ensure that the procedure is performed at a place which satisfies all the requirements of the MTP Rules 2003 and the procedure shall be conducted by the Medical Practitioner who satisfies the conditions laid down under those rules”
The court further stated, “In case, if the child is born alive and if the petitioner and her parents are not willing or are not in a position to take responsibility of such a child then the State and its agencies will have to assume full responsibility for such child.”
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