Constitution of India, 1950
Article 226—Writ—Rape victim, aged 16 years, through her mother seeking permission for medical termination of her pregnancy—Victim is now in her 28th week of pregnancy—Permission to terminate pregnancy has been sought on the ground that continuation of the same would adversely affect the mental and physical well-being of the victim as well as the child—Constitutional right of woman to make reproductive choices as a part of personal liberty under Article 21 of the Constitution was firmly recognized by the Apex Court—Rape victim cannot be forced to give birth to a child of man who sexually assaulted her—Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity which forms a significant part of the right of life guaranteed under Article 21 of the Constitution—Family of victim girl belongs to a scheduled caste community and it is stated in the writ petition that poor family members including the victim girl are in a state of shock over the turns of events—Victim is now housed at the Childcare Home and it is stated that she is not mentally prepared to accept the state of affairs and deliver the child—Social isolation of a minor girl before the SC/ST community who is subjected to sexual assault and giving birth to a child at such a young age cannot be ruled out—Permission granted to the petitioner's minor daughter/victim to undergo medical termination of pregnancy. [Medical Termination of Pregnancy Act, 1971, Section 3]
[Paras 8 & 9]