Supreme Court - Daily Orders
Murugan Nayakkar vs Union Of India on 6 September, 2017
Bench: Chief Justice, Amitava Roy, A.M. Khanwilkar
ITEM NO.14 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 749/2017
MURUGAN NAYAKKAR Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 06-09-2017 This petition was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE AMITAVA ROY
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Petitioner(s) Ms. Sneha Mukherjee, Adv.
Mr. Satya Mitra, AOR
For Respondent(s) Mr. Ranjit Kumar, SG
Mr. Gurmeet Singh Makker, AOR
Mr. Nishant R. Katneshwarkar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner who is a 13 years old girl and a victim of alleged rape and sexual abuse, has preferred this writ petition for termination of her pregnancy. When the matter was listed on 28.8.2017, this Court has directed constitution of a Medical Board at Sir J.J. Group of Hospitals, Mumbai. Be it noted, this Court had also mentioned the composition of the team of doctors. The petitioner has appeared before the Medical Board on 1.9.2017 and the Medical Board that has been constituted by the order of this Court expressed the opinion Signature Not Verified Digitally signed by GULSHAN KUMAR that the termination of pregnancy should be carried out. That ARORA Date: 2017.09.06 18:28:22 IST Reason: apart, it has also been opined that termination of pregnancy at this stage or delivery at term will have equal risks to the mother. The Board has also expressed the view that the baby 2 born will be preterm and will have its own complications and would require Neonatal Intensive Care Unit (N.I.C.U.) admission.
We have heard Ms. Sneha Mukherjee, learned counsel appearing for the petitioner, Mr. Ranjit Kumar, learned Solicitor General appearing for the Union of India and Mr. Nishant R. Katneshwarkar, le%arned standing counsel for the State of Maharashtra.
Considering the age of the petitioner, the trauma she has suffered because of the sexual abuse and the agony she is going through at present and above all the report of the Medical Board constituted by this Court, we think it appropriate that termination of pregnancy should be allowed.
In view of the aforesaid premise, we direct the petitioner to remain present at the Sir J.J. Group of Hospitals, Mumbai in the evening of 7.9.2017 so that the termination of pregnancy can be carried out preferably on 8.9.2017. Mr. Nishant R. Katneshwarkar shall apprise the Dean of Sir J.J. Group of Hospitals, Mumbai so that he/she can make necessary arrangements for termination of the pregnancy.
A copy of the order passed today be handed over to learned counsel for the petitioner and Mr. Nishant R. Katneshwarkar, learned standing counsel for the State of Maharashtra.
The writ petition is accordingly disposed of. There shall be no order as to costs.
(Gulshan Kumar Arora) (Shakti Parkash Sharma)
Court Master Assistant Registrar