A MINOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) Case of the petitioner is that she is 14 years old girl and is a victim of rape. The girl was found alone in Jabalpur and she was given under the protection of the City Childline Jabalpur on 23/10/2020. After some medical test on 26/10/2022 it was informed by the doctors that she is pregnant and the foetus is about 26 weeks old. Subsequently, the victim girl was counseled by the Child Welfare Officer on 28/10/2022. Since continuance of pregnancy would cause grave injury to mental health of the petitioner and would create a great mental agony for her entire life and may also invite socio-economic problems, therefore, she has filed the present writ petition seeking direction to the respondents authorities to terminate her pregnancy under the provisions of Ss. 3, 4 and 5 of the Medical Termination of Pregnancy Act 1971 and the rules made thereunder. It is further submitted that according to Article 21 of the Constitution of India, she has right to live with dignity and with personal liberty and there cannot be any restriction whatsoever on the exercise of reproductive choices. Admittedly the victim is aged about 14 years.

(3.) This Court vide order dtd. 4/11/2022 had directed the petitioner to appear before the Dean, Netaji Subhash Chandra Bose Government Medical College, Jabalpur on 5/11/2022 at 10:00 AM so that she can be medically examined by the Committee of three competent faculties including the Head of Department, Obstetrics and Gynaecogoly and other members of the Committee.