1 2025:CGHC:5104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 592 of 2025 1 Abc (Minor) Through Natural Guardian X Y Z ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Ministry Of Public Health And Welfare, Mahanadi Bhawan, Naya Raipur, District- Raipur, C.G. 2 Chairman District Medical Board Raipur, District- Raipur, C.G. 3 The Chief Medical And Health Officer District- Durg, C.G. 4 Head Officer Of Department Gynaecologist (H.O.D.) Gynaic District Hospital, Durg, District Durg, C.G. 5 Station House Officer Police Station- Bhilai Nagar, District- Durg, C.G. ... Respondent(s) For Petitioner(s) : Shri Basant Dewangan, Advocate For Respondent(s) / State : Shri R.S. Marhas, Addl A.G. 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 29/01/2025 Heard. 1. The present writ petition is filed for the following reliefs:- i. To permit the petitioner to terminate her ongoing pregnancy through registered medical practitioners at any approved private or government center or Hospital. ii. To direct then State to form a panel of expert doctors either at the District Hospital Durg District- Durg or any Government Medical Hospital Raipur as early as possible for termination of pregnancy of the petitioner. iii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner. An affidavit in support of this writ petition is filed herewith. 2. Learned counsel appearing for the petitioner would submit that the petitioner is a minor rape victim and carrying pregnancy of about 25 weeks and the victim herself has given consent for termination of her pregnancy. With regard to the incident took place with the petitioner her father lodged an FIR bearing crime No. 314/2024 registered at police station Bhilai Nagar, District Durg. 3. This court by its order dated 27.01.2025, directed petitioner to 3 appear before the Chief Medical and Health Officer, Durg on 28.01.2025, who shall constitute a medical board consisting of one Gynecologist, one Pediatrician, one Radiologist/Sonologist, and any other member, as required in the case. The Board shall examine the petitioner and submit the report before this Court on 29.01.2025 on the following aspects:- • Examination report of the patient with regard to her physical and mental state; • Stage of pregnancy; • Overall condition of foetus; • How far the termination of pregnancy will be detrimental; • How far it be detrimental, if the petitioner is allowed to complete full term of pregnancy; • Investigation report. 4. Pursuant to the order of this Court, the petitioner appeared before the Medical Board who conducted a thorough investigation and submitted its report before this Court though the Collector, Durg opining as under:- का቟ኋल቟ኋ, सिवि ल ्ቌन ह मुख्቟ኋ अस्पताल अधी्ቌका दु्ቇ (छ.्ቇ.) ्ቅमुका /सि्ቌ.चि./स्टी ्ቑ. / मु चि्ቑकाल बो"्ቑ/2025/871 दु्ቇ, विदुनका 28/01/2025 मुनन቟ኋ उ्ሴ न्቟ኋ቟ኋल቟ኋ विबोलपर का ्ቚकारण WPC NO. 592/2025 आदु श विदुनका 27.01.2025 का परिरपलन मु, सि्ቌल चिविकात्ल቟ኋ दु्ቇ का का቟ኋल቟ኋन आदु श कामुका / सि्ቌ.चि. / स्टी ्ቑ / आर.एमु.ओ./2025/69 दु्ቇ विदुनका 28.01.2025 का अनर मु चि्ቑकाल बो"्ቑ का ्ቇठन विका቟ኋ ्ቇ቟ኋ, सि्ቌमु, पवि1ता का पर्ቌण थ आ቟ኋ मुविहल आर्ቌका शन सिह 1784 थन भि4लई न्ቇर का6 उपቝኌस्थचिता मु, विका቟ኋ ्ቇ቟ኋ। Medical Board at D.H.Durg has been constituted having following members:- Dr.Smita (Gynecologist), 4 Dr.Seema Jain (Pediatrition), Dr.B.N.Dewangan (Rediologist) The Team has suggest the following for the query :- Q1- Examination report of the patient with regard to her physical and mental state. Ans:- Patient is mentally & physically fit. Q2- Stage of pregnancy. Ans:- 29 weeks+0days+(7)days Q3- Overall condition of foetus. Ans:- Good. Q4- How far the termination of pregnancy will be detrimental. Ans:- Termination of pregnancy at this gestational age is detrimental as for the patient and for the baby. (a) Patient can bleed excessively during termination and can be life threatening. (b) foetus has crossed the gestational age of viability so it will be a premature delivery rather an abortion so better be a healthy term baby. Hence present pregnancy is advised to be continued under medical supervision. Q5- How far it be detrimental, if the petitioner is allowed to complete full term of pregnancy. Ans:- On examination patient is physically & mentally fit. She can continue present pregnancy till term in medical supervision. Q6- Investigation report. Ans:- OPD slip& Investigation report Atteched.1-6 page. Xxxxxxxx 5. From the aforesaid report it is crystal clear that the stage of pregnancy, as on date, is 29 weeks and as such termination of pregnancy is detrimental to the petitioner and for the baby as there are chances of excessive bleeding during termination and there is every threat to her life. The doctors further opined that the 5 foetus has crossed the gestational age of viability so it will be a premature delivery rather an abortion so better be a healthy term baby and the doctors advised for continuation of pregnancy under the medical supervision. 6. At this stage, learned counsel appearing for the petitioner would submit, on instructions, that the pregnancy of the petitioner may be continued, however the respondents/State may be directed to provide all medical assistance during the pregnancy and delivery of the petitioner. 7. Having considered the entire facts and circumstances of the case and particularly considering the age of the petitioner as also the detail medical report submitted by the Medical Board, in my opinion, it is not a fit case to allow the petitioner to under go the termination of pregnancy. However, the respondent/ State is directed to provide all medical facilities during pregnancy and delivery to the petitioner, at the expenses of the State. 8. Accordingly, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti