Permitting Pregnancy For Woman Who Is Unable To Manage Herself Will Create Problems To Her In Future: Madhya Pradesh HC Allows Termination Of 28-Week Pregnancy

The Court is hearing an appeal assailing an order where the Court refused the prayer of the petitioner for the termination of her pregnancy.

The bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed, “She was also suffering from some physical disability as has been pointed out in the petition. Permitting for carrying out the pregnancy of a woman who is not in a position to manage herself will be creating great problems to her in future life. Even the other family aspects are also required to be considered.…this Court feels it appropriate to permit the termination of pregnancy of the petitioner…”

Advocate Hritvik Dixit appeared for the Appellant and AAG Harpreet Singh Ruprah appeared for the Respondent.

Brief Facts-

It is the case of the petitioner that she is a minor aged around 17 years. She was sexually assaulted and raped by the accused, in relation to which, an FIR has been registered. She is now in gestation between 26 to 28 weeks. Hence, she approached the Court by filing the Writ Petition. The Medical Board has denied the termination of pregnancy, the Writ Petition was dismissed. Assailing the same, this Writ Appeal has been filed.

The Court noted that in the medical report, the doctors did not point out any risk of not getting the pregnancy terminated. However, as per the Court, there is a bar under the Medical Termination of Pregnancy Amendment Act, 2021 therefore, for terminating pregnancies exceeding 24 weeks, it is observed that termination can be performed with all the explained risks of the anticipated and unanticipated complications about termination of Rh negative teenage pregnancy (high risk), provided the risk of termination is same at this gestation and full-term pregnancy.

The Court noted that the report indicates that the pregnancy can be terminated subject to certain risks and such risk factors will always be explained to the petitioner.

The Court mentioned the decision of the Supreme Court in Hon'ble Supreme Court in the case of X vs. Principal Secretary, Health and Family Welfare Department reported in AIR 2022 SC 4917 where according to the Court, SC has considered the termination of pregnancy after 24 weeks including the choice of the woman to get the pregnancy terminated and other socio-economic factors including the physical health condition of the woman and has permitted for terminating the pregnancy.

Accordingly, the Court allowed the appeal.

Cause Title: Victim X v. The Superintendent of Police 

Appearance: 

Appellant: Adv. Hritvik Dixit and Adv. Priyanka Tiwari

Respondent: AAG Harpreet Singh Ruprah

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