Termination of pregnancy - not permitting rape victim to go in for medical termination of unwanted pregnancy would amount to compelling her to continue to bear such pregnancy violative of her bodily integrity.

Madhya Pradesh Highcourt (DB)

Medical Termination of Pregnancy Act, 1971 Section 3(2)(b) Indian Penal Code, 1860 Section 376(2)(1) Mentally challenged victim - Termination of pregnancy - Held, not permitting rape victim to go in for medical termination of unwanted pregnancy would amount to compelling her to continue to bear such pregnancy for full duration and deliver child, which would be violative of her bodily integrity, which would not only aggravate her mental trauma but would also have devastating effect on her overall health including on psychological and mental aspects.

In view of the above discussion, the present writ petition seeking permission for medical termination of pregnancy of the Victim-A, daughter of the petitioner, is allowed.

She shall be produced before the Medical Superintendent, Hamidia Hospital, Bhopal by tomorrow, who is directed to ensure the medical termination of the pregnancy of Victim-A under the supervision of the experts at the earliest by taking all the precautions.

(LMSLFD1858881)