MS. X V. STATE OF UTTAR PRADESH AND OTHERS 

MS. X V. STATE OF UTTAR PRADESH AND OTHERS 

FACTS OF THE CASE:

The above mentioned case is filled in the form of a writ under article 226 of the constitution . The writ of mandamus is filled by the petitioner through her mother . The petitioner is a 12 years old minor girl . She was raped by her neighbours multiple times . The petitioner was also having hearing and speaking impairment . Her disability certificate states that she has 84% of disability due to which she was already living a miserable life .  After few days mother of the petitioner came to know that her daughter was been raped and sexually assaulted by their neighbour . In response, the mother of the petitioner registered the FIR and a case was filed against the accused under section 375 of IPC and section 3,4,5,6,7 of POSCO in the District Court within the jurisdiction of the area . 

After a few days when the medical examination of the minor girl was done it was found that the 12 years old minor girl was carrying a pregnancy of 23  weeks . In response to which the mother of the girl filed a writ in front of Hon’ble Allahabad High Court to ask for permission for the termination of the pregnancy .

Here it may be noted that as per Section 3 of MTP Act, termination of pregnancy of a woman where it exceeds 20 weeks but does not exceed 24 weeks can only be allowed in special categories only in cases where medical practitioners are of opinion that pregnancy will involve the risk to the life of mother or grave injury to her physical health and mental health.

In this view the petitioner falls under the special category but when medical examination was again done 30.06.23 it was found that the minor was now 25 weeks pregnant . Which above the decided limit for the termination . The situation is serious and requires urgent attention by the court . Looking over the miserable condition of such a minor and analysis of   the effect of pregnancy on the minor’s mental and physical health the court is requested to pass the decision in the above mentioned case . Which will be decided on 12 July 2023 .

ISSUE:

[1] Whether the rape victim should be allowed for the termination of the pregnancy? Can rape victim not be forced to give birth to child of the man who raped or sexually assaulted her ?

ARGUMENTS:

In the above mentioned case the following arguments were exchanged in front of Hon’ble High court These are as follows :

In this backdrop, learned counsel for the petitioner submits that the petitioner is a 12 years’ old deaf and dumb girl. The mother of the petitioner had also made a request to the Court that considering the miserable situation, age and medical condition of her daughter, they do not wish to continue with the pregnancy of the petitioner. However, the Medical Board opined on 30.06.2023 that the petitioner was carrying the pregnancy of more than 25 weeks and as such, she was beyond the permissible gestational age limit under the MTP Act, 1971. Hence, the petitioner was advised to approach this Court and seek judicial intervention. By way of present petition, following directions the relief has been sought from court.

 In the submission, learned counsel for the petitioner has placed reliance upon the decision in Venkata Lakshmi v. State of Karnataka  Civil Appeal No.15378/2017 dated 21.09.2017,

wherein the Hon’ble Supreme Court had allowed the termination of pregnancy of rape victim beyond the gestational age of 24 weeks. The  above mentioned case is cited by the petitioner side in order to give weight to their appeal.

Learned counsel for the petitioner has further placed reliance on the judgements of High Court of Delhi at New Delhi in W.P. (CRL) 221/2023 (Minor R The Mother vs. State of NCT of

Delhi & another) decided on 25.01.2023 and W.P. (C) No.5112/2023 (GDN vs. Government of NCT of Delhi.

In the middle of the hearing, learned counsel for the petitioner further submits that the pregnancy is more than gestational age of 25 weeks, which requires proper facilities. There are proper medical facilities at JawaharLal Medical College, Aligarh, which is affiliated to Aligarh Muslim University, wherein, her pregnancy may be terminated under the  able guidance of a medical expert . 

In  the case of sexual assault , denying a women to right to say no to termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother. Section 3(2) of the MTP Act reiterates that right of a woman. To force the victim to give birth to the child of a man who sexually assaulted would result in unexplainable miseries.

With all above cited judgements and facts by the petitioner the appeal is in front of Hon’ble High court and bench to allow a 12 year old minor for the termination of her 25 weeks pregnancy.

JUDGEMENT :

Considering all the facts and laws looking at the condition of the victim the judgement is passed by the Hon’ble bench in the favour of the victim by allowing a 12 year old minor for termination of her pregnancy.

“Considering the facts and circumstances and the medical report, it would be ‘just, legal and appropriate’ to order the termination of pregnancy of the petitioner after considering the medical evidence on record . Accordingly, the Court allowed the victim to undergo medical termination of her 25 weeks of pregnancy at the earliest with due care and precautions.
Accordingly the medical termination of the petitioner is permitted with proper care to be taken considering the well being of the petitioner.  The District Magistrate, Bulandshahar is directed to  ensure that the petitioner along with her mother may report to JawaharLal Medical College, Aligarh tomorrow i.e. 13.07.2023 at 10 AM. We also directed the Principal of the Medical Cobe carried out in presence of Head of Department of Obs & Gynae of college to ensure the termination of pregnancy of the petitioner and the said exercise is to  the Medical College. We further direct to the Principal of the Medical College to provide adequate post operational medical facilities to the victim free of cost and submit a report within three days so that the  Court may proceed further in the matter.

REFERENCES:

[1] https://www.livelaw.in 

[2]https://www.hindustantimes.com 

This Article is written by Sukhman Kapoor of Panjab University Chandigarh , Intern at Legal Vidhiya.

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