Karnataka High Court: N S Sanjay Gowda, J., directed the Medical Practitioners to terminate the pregnancy in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971.
The facts of the case are such that the petitioner was subjected to rape when she was a minor; thereby the crime was registered by the Athani police station. The petitioner’s request for termination of her pregnancy was not entertained in view of the fact that the length of pregnancy was more than 24 weeks. Hence instant petition was filed seeking for a writ of mandamus to the respondent 2 to medically terminate the pregnancy of the petitioner who is now a major.
The Court further directed that a Medical Board be constituted comprising of Gynecologist, a Pediatrician and a Radiologist or Sonologist and a Psychiatrist and directed the Board to render an opinion as to whether continuation of pregnancy would constitute a grave risk to the physical and mental health of the petitioner vide order dated 29-11-2021. The Medical Board, thus advised that the pregnancy of the petitioner is required to be terminated as continuation of the pregnancy would endanger physical and mental health of the petitioner.
The Court observed that the petitioner is a student studying in 2nd year PUC and her mother is eking out of her livelihood as an agriculturist as her father is no more and she has been raised by her mother alone. As the petitioner is still studying and is being raised by a single parent, as affirmed by the psychiatrist, continuation of the pregnancy would definitely constitute grave risk to the mental and physical health to the petitioner.
The Court held “this is an extraordinary case which requires a direction to be issued to the 2nd respondent for terminating the pregnancy of the petitioner. The 2nd respondent shall ensure that the Medical Practitioners terminate the pregnancy in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971 forthwith.”[Kumari V v. State of Karnataka, WP No. 104672 of 2021, decided on 30-11-2021]
Arunima Bose, Editorial Assistant has reported this brief.
For petitioner: Mr. Sangamesh S Ghulappannavar
For respondent: Mr. V S Kalasurmath