Introduction: The X v. State of Punjab & Ors. (CWP-29383-2023) is a petition that involves a writ petition filed in the Punjab and Haryana High Court seeking a writ in the nature of Mandamus directing the termination of the pregnancy of the Petitioner’s minor daughter. The Petitioner relies on the relief and exception granted in the Medical Termination of Pregnancy Act, 1971.

Facts of the Case: The minor daughter of the Petitioner aged 15, was abducted and later recovered. Subsequent medical examination revealed a pregnancy of more than 12 weeks. An FIR was filed against the accused under Sections 363 and 366A of the IPC. The Petitioner, claimed that the continuation of the pregnancy would cause physical and psychological trauma to the minor, sought termination under the statutory mandate.

Contention of the Petitioner: The Petitioner argues that the minor, being dependent, will be unable to care for the child. Citing Section 3 of the Medical Termination of Pregnancy Act, the Petitioner asserts the right to seek termination given the advanced stage of pregnancy.

Response of the Respondent: The medical board, in compliance with a court order, examined the victim and opined that the gestational period is within the permissible limit for termination under the MTP Amendment Act 2021.

Court’s Observation: The Court notes the trauma suffered by the minor due to sexual abuse, emphasizing that the child, if born, would be a reminder of trauma. The Court considers the social and familial implications, highlighting the potential stigma and suffering for both mother and child.

The Court Observed that “Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice.” It further noted that “Balance thus needs to be drawn to examine the overall wellbeing. Whether to shape the trauma of a victim or to prolong it by delivery of the child, who is to be only victimized.”

Court’s Decision: The Court allowed the petition, directing the Medical Institute to take necessary steps for termination. The Petitioner, along with the minor, were instructed to approach the Medical Institute by a specified date for the procedure. HC ordered that the Petitioner is entitled to financial benefits as per prevalent schemes.

-By Adv. Deeksha Rai