- (1.) In this judgment, a complex set of issues connected with different fields of law arise for consideration. The issue, although, relates to the medical termination of pregnancy of a minor girl beyond the legally permissible gestation period of 20 weeks but other issues such as right to life, health and abortion (which includes victim-mother and the foetus), human rights and issues of social and religious concerns are involved. The main focus will be on the issue of late termination of pregnancy resulting from the alleged rape and a brief reference to other ancillary issues which are intricately connected with this complex issue will also be made.
(2.) In this judgment, full name of petitioner No.1 has been withheld and she has been referred to as 'R'.
(3.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.7 to terminate the pregnancy of the child in the womb of petitioner No.1, a minor girl, who is an alleged victim of rape, as the continuation of pregnancy would cause grave injury to her and would also be unsafe and dangerous for the life of the petitioner-victim. Further prayer is for issuance of a writ in the nature of mandamus directing respondent Nos.1 to 3 to conduct a fair and impartial investigation in FIR No. 20 dated 04.03.2016, under Section 365 IPC, registered at Police Station Women, Mewat and to hand over the investigation of the case to some higher officials, not below the rank of Superintendent of Police, the life and liberty of the petitioners be also protected and to take legal action against the erring police officials. It is further prayed that during the pendency of the present writ petition, petitioner-victim may be permitted to terminate the pregnancy and directions be issued to respondent no. 7. i.e. Civil Surgeon, Civil Hospital-cum-Government Medical College, SHK Mewat Government Medical College, District Mewat or any other Specialized Government Hospital for providing all medical help to petitioner No.1-victim and direction may be issued to the hospital authorities to preserve the fetus, which would enable the investigating agency for DNA test in order to prove the commission of offence of alleged rape by the accused person. FACTS;