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Synopsis

While directing for constitution of a medical board to consider termination of 25-week pregnancy of a minor girl, the Allahabad High Court on Monday observed that although generally, termination of pregnancies over 24 weeks is not allowed under the law, but to force a sexual assault victim to give birth would result in unexplainable miseries.

The bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar said, "In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with the 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 Medical Termination of Pregnancy Act, 1971, as amended in 2021 reiterates that right of a woman", added the division bench. 

Court was dealing with a writ petition filed by a 12-year-old girl through her mother seeking permission for medical termination of her pregnancy under the MTP Act. 

The minor, who was deaf and dumb since birth and was 84% disabled, alleged that she was repeatedly raped by her neighbour which had resulted into the present pregnancy. 

The mother told the court that the father of the girl had already passed and they were in financial distress. She alleged that it was on June 15, 2023, when she first came to know about the sexual assaults on her daughter.

She stated that since the girl was mute, she could not tell anyone about the crime earlier and it was only when she asked her about it, she communicated in sign language that she had been raped on multiple occasions by their neighbour.

Consequently, the mother of the victim lodged an FIR, and a case was registered under Sections 376, 354C IPC, and Sections 3, 4, 7, 8 of the POCSO Act at Police Station Khurja Nagar, District Bulandshahar.

Thereafter, the medical examination of the victim was conducted on June 16, where it was found that she was carrying a pregnancy of 23 weeks.

The mother then moved a representation on June 26 before the concerned authority with a request for termination of pregnancy, but since it was found that the girl was suffering from severe anemia and the period of pregnancy had already gone beyond allowed period of 24 weeks, permission from court was required. 

The high court considered victim's tender age and her disability while adjudicating upon the issue. Court was also informed that since the pregnancy had already gone over gestational age of 25 weeks, the process would require proper facilities.

Therefore, considering the urgency in the matter and taking humanitarian view, court asked the Vice Chancellor, Aligarh Muslim University to direct the Principal, Jawahar Lal Medical College, Aligarh to constitute a five-member team to examine the victim and submit a report in sealed cover on July 12, 2023. 

Advocate Raghav Arora appeared for the petitioner and Additional Chief Standing Counsel Ambrish Shukla appeared for the State respondent. Advocate Shashank Shekhar Singh represented Aligarh Muslim University before the court. 

Case Title: Ms X v State Of UP and 4 Others