The Madhya Pradesh High Court recently observed that the medical termination of pregnancy is a matter of life and death touching upon Article 21 of the Constitution. The High Court also issued guidelines to streamline the procedure and ensure timely help to rape victims in cases of medical termination.

The High Court was considering a petition filed under Article 226 of the Constitution, under the provisions of Medical Termination of Pregnancy Act, 1971 for the termination of the pregnancy of the petitioner’s daughter, a minor girl, aged 15 years, who is a victim of gang rape.

The Sing-Judge Bench of Justice Subodh Abhyankar said, “However, since the medical termination of pregnancy is a matter of life and death touching upon Article 21 of the Constitution, such an application can only be entertained by the High Court under Article 226 of the Constitution. Thus, the application itself ought not to have been considered on merits by the learned Judge of the District Court.”

Advocate Aditi Mehta represented the petitioner while Dy. Advocate General Sudeep Bhargava represented the Respondent.

The Bench referred to the report received from the office of Civil Surgeon, Chief Health Officer/Superintendent District Ujjain, whereby, the petitioner’s daughter was found to be fit for medical termination of her pregnancy, with written and informed consent with due procedural risk.

“In such facts and circumstances of the case, this Court finds it expedient to allow this petition and permit the petitioner’s daughter (victim) to have her pregnancy medically terminated by following the due procedure at Civil Surgeon, Chief Health Officer/Superintendent District Ujjain”, the Bench said.

The Court also directed the Superintendent, Civil Surgeon, Chief Health Officer/Superintendent District Ujjain to do the needful and medically terminate the pregnancy of the petitioner’s daughter (victim) at the earliest.

One aspect which was noted by the Court was that earlier, the petitioner had also approached the Judge of the trial Court for termination of her daughter’s pregnancy, however, the same was rejected by the Trial Court, only on the ground that the petitioner had not produced medical documents in support of her application. The Bench made it clear that there is no provision in the Act of 1971 that such an application can be filed and entertained before the District Court.

The Court was of the view that acutely insensitive approach was displayed by a Judge, who was required to show utmost empathy to a minor, who was a victim of gang rape. “It is rather cruel for a court, any court, to expect from a rape victim to produce her medical documents”, it said. It was further noticed that the victim was first examined by the doctor showing around 19 weeks pregnancy, thus, only due to procedural delays, two crucial weeks had been lost to the utter prejudice of the minor victim, which could have been avoided by the swift action of the all the parties concerned. However, the mother of the victim was wise enough to at least file such an application before the District Court.

To ensure that timely legal and medical help reaches such victims when it is needed the most, the Bench directed that whenever a case of rape is registered in any police station, the following procedure shall be adopted :-

  • The SHO of the said police station, based on the MLC of the victim indicating that she is pregnant, shall forthwith forward the victim to the concerned District Court;
  • the learned Judge of the District Court, regardless of any application for termination of pregnancy, though not maintainable, filed before it or not, shall refer the victim to the concerned medical officer/Board to expeditiously submit its report, if the pregnancy of the victim can be terminated;
  • the District Court, after obtaining the said medical report, under intimation to the victim and her parents, directly refer such case and report to the nearest Registry of the High Court;
  • the Registry of this Court, in turn, shall register such reference as a Writ Petition under Article 226 of the Constitution, Suo Moto, and list the matter immediately before the concerned Bench having the roster, so that appropriate orders regarding termination of pregnancy can be passed by this Court without any undue delay.

The Bench also directed that a copy of this order be sent to the Registrar General of this Court at Jabalpur, as also to the Director General of Police, Bhopal to be circulated to all the Police Stations for its proper compliance.

Cause Title: X v. The State of Madhya Pradesh and Others(Case No.: W.P.No. 39431/2024)

Appearance:

Petitioners: Advocate Aditi Mehta

Respondents: Dy. Advocate General Sudeep Bhargava

Click here to read/download Order






Madhya Pradesh High CourtJustice Subodh AbhyankarMedical Termination of Pregnancy Act 1971

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.