P.V.Kunhikrishnan, J
1. This writ petition is filed with the following prayers:-
“i)To issue a writ of mandamus or other appropriate writ or order directing respondent Nos. 3 to 6 to terminate the pregnancy of the petitioner forthwith.
ii)To issue a writ of mandamus or any other appropriate writ or order directing the respondent Nos. 3 to 6 to constitute a medical board and provide expert opinion as necessary in the above case.
iii) To grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.â€
2. When this writ petition came up for consideration on 17.09.2021, this Court passed the following order:-
“The Permanent Medical Board constituted at the Medical College Hospital, Thrissur in terms of G.O.(Rt) No.2444/2020/H&FWD dated 31.12.2020 is directed to examine the petitioner and give a report before this Court as to whether
continuance of her pregnancy would involve a risk to her life or any grave injury to her physical or mental health. The Medical Board shall also examine whether there is a substantial risk that if the child were born, it would suffer from any
serious physical or mental abnormality.
2. The Government Pleader is directed to communicate this order to the sixth respondent.
3. The petitioner shall make herself available before the sixth respondent and the said respondent shall immediately make necessary arrangements for her examination by the Permanent Medical Board.â€
3. Today, the Special Medical Board submitted a report. The report of the Special Medical Board is extracted herein:-
SPECIAL MEDICAL BOARD REPORT
Ref:- 1). High Court of Kerala, Crime No 570/2021 u/s 450,376(2)(n), 376(3) and 4(2) r/w(a), 6(1)r/w5j((2) has requested to form a medical board.
2). No.G2-12887/2021/MCH. Dated 17.09.2021.
WPCC) NO 19436 2021 CD)
Minor girl aged only 15 years, IP No. 202137716, 02 Unit.
As requested by the court, a medical board was constituted on 18/09/2021. It was decided that since continuation of pregnancy may seriously affect the mental and physical health of the girl, termination of pregnancy is advisable. As the
gestational age by ultrasound and on clinical examination is around 26 weeks, the baby may survive and decision regarding its care may be decided upon.
Sd/- Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
                               Sd/-
                                                                                      Â
                              Sd/-
Dr.Reena Ravindran P Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Dr.Neethu Thomas
                                                                                            Dr. Karthik
Balasundaran
                                                                                             Asst.
Prof. of Radio diagnosis                                                          Asst. Prof. of Paediatrics
Sd/-
Dr. Sasikumar
Asst. Prof. of Pediatric Surgery
Sd/-
SUPERINTENDENT
SUPERINTENDENT
GOVT.MEDICAL
COLLEGE HOSPITAL
Thirssur, Kerala-680596
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4. In the report, it is stated that since the continuation of pregnancy may seriously affect the mental and physical health of the girl, termination of pregnancy is advisable.
5. Heard the learned counsel for the petitioner and the learned Government Pleader.
6. The learned counsel for the petitioner reiterated the contentions in the writ petition. In a similar circumstances, this Court issued directions in judgment dated 14.09.2021 in W.P.(C) No.18826/2021. Paragraph 4 of
the said judgment is extracted herein:-
“4. The freedom of a pregnant woman in making a choice as to whether the pregnancy should be continued cannot be taken away. Likewise, the right of the mother to terminate the pregnancy medically even after the permissible period
in terms of the provisions of the Act has been recognized by courts, if the continuance of pregnancy would involve grave injury to her physical and mental health. Explanation I to sub-section (2) of Section 3 of the Act provides that
where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. In the light of the
said Explanation, having regard to the age of the third petitioner and the circumstances leading to her pregnancy, the continuance of the pregnancy would involve grave injury to her physical and mental health. I am of the view that it is in
the interest of justice to permit medical termination of the pregnancy of the third petitioner.â€
I think a similar order can be passed in this case also taking into consideration the entire facts and circumstances. Therefore, this writ petition is allowed and the petitioner is permitted to undergo the procedure for
termination of the pregnancy. The 6th respondent is free to undertake the said procedure at the risk of the petitioner. The hospital authorities shall preserve the blood sample and tissue sample of the fetus to carry out
necessary medical test including DNA mapping. In case the child is born alive, the hospital authorities shall ensure that all necessary steps are taken for protecting the life of the child.
