MOOT PROPOSITION

Case concerning sexual assault and pregnancy of minor and Penal laws related to Medical
Termination of Pregnancy act 1971, Indian Penal Code 1860 and the Constitution of India 1949.

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1. Q, a girl of 12 years was an orphan and was staying with a government run welfare
organization named Nanhi Kilkari situated in Raipur district of Chhattisgarh. She was 3
years old when her parents died in a tragic car accident. Police tried to find her near blood
relatives or near family members but no one came forward to claim custody of Q therefore
after a reasonable time period police requested the Honourable High Court of Chhattisgarh to
provide Q with the suitable Welfare Home. Therefore her Custody was given to Nanhi
Kilkari organization.

2. Nanhi Kilkari is a registered Welfare home fully funded by Chhattisgarh government. Maya,
aged 32, a caretaker working in the organization over a decade is appointed as a legal
guardian for Q. Maya’s husband Samar was a caterer in the organization and used to visit the
foster home frequently. Q and Samar used to share an affectionate bond and over the years
the two would often be spotted playing together, sharing meals and she was seen visiting him
in and around the mess area.

3. One day Q was playing in the backyard of the foster home alone, while Maya was out, in
order to attend a fundraiser for Foster Homes organized by the Union Government. Samar
taking advantage of the situation grabbed her and forced Q into having sexual intercourse and
raped her.

4. Out of fear of backlash from Maya, Samar fled from Raipur. Scared and traumatized Q did
not narrate the incident to anyone. As Maya was concerned about the whereabouts of her
husband, she tried to ask Q if she knew anything about Samar, which further made Q restless.
5. Few days after the incident, Q experienced continuous abdominal pain along with nausea.
After Medical Consultation, it was found that she was pregnant for a period of 9 weeks.
Upon coming to know of the incident of her rape at the hands of husband of the caretaker,
State Government file a criminal case under Section - 376 and 120B of the Indian Penal Code
1860. In order to evaluate the mental & physical Status of Q, a Medical Board was
constituted by the State Government under the head of Dr. Ridhimma Malik, a Senior
Gynaecologist. The medical Board was composed of Dr. Atul Joshi a Psychologist, and Dr.
Anjali Gupta a Radiologist.

6. After a series of certain medical examinations , the Medical Board opined that Q had an
intellectual disability and was suffering from ’ Acute Depression’ and suggested termination
of Q’s pregnancy.

7. However, Q denied her consent for the abortion and expressed a strong desire to proceed
with the pregnancy quoting her fundamental right of liberty. She filed a petition before the
Apex Court contending her right to bodily autonomy and reproductive choice within Article
21 under the Constitution of India.

8. The matter is now to be heard before a Constitutional Bench considering the relevance of the
issues.

ISSUES

1. Whether the Q should be allowed to exercise her Constitutional right of reproductive choice
and bodily autonomy to continue with her pregnancy given the fact that she is minor?

2. Whether Maya, wife of the accused (Samar) can be charged for Criminal Conspiracy under
Section - 120B of the Indian Penal Code, 1860?

3. Whether the Honourable Court under Medical Termination of Pregnancy (MTP) Amendment
Act 2021, compel the Minor rape victim to terminate her pregnancy?