Karnataka High Court
Ms Deepika S vs State Of Karnataka on 4 April, 2018
Author: Raghvendra S.Chauhan
Bench: Raghvendra S. Chauhan
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL 2018
BEFORE
THE HON'BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN
WRIT PETITION NO.13721 OF 2018 (GM-RES)
BETWEEN:
MS. DEEPIKA S
DAUGHTER OF SANGHAMESH,
AGED ABOUT 16 YEARS (MINOR),
PRESENTLY RESIDING AT:
BALA MANDIRA (STATE HOME FOR GIRLS)
DAVANAGERE, KARNATAKA,
REPRESENTED BY HER FATHER:
AND NATURAL GUARDIAN: SANGHAMESH,
S/O. KOODLYAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT: 341/1, 17TH CROSS
KTJ NAGARA,
DAVANAGERE-577 002,
KARNATAKA.
... PETITIONER
(BY SMT. AARTI MUNDKUR, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. MEDICAL SUPERINTENDENT
CHIGATERI DISTRICT HOSPITAL,
DAVANAGERE-577 004.
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3. STATE OF KARNATAKA
REPRESENTED BY:
WOMEN'S POLICE STATION,
DAVANAGERE.
4. BANGALORE MEDICAL COLLEGE AND
RESEARCH INSTITUTE,
REPRESENTED BY ITS DIRECTOR,
FORT, K. R. ROAD,
BANGALORE-560 002.
5. CHILD WELFARE COMMITTEE
DAVANAGERE,
REPRESENTED BY ITS CHAIRPERSON,
DAVANAGERE.
6. VANI VILAS HOSPITAL
REPRESENTED BY MEDICAL SUPERINTENDENT
K. R. ROAD,
BANGALORE-560 002.
... RESPONDENTS
(BY SRI VIJAYA KUMAR A. PATIL, AGA FOR R1-R3 & R5
V/O DATED 3.4.2018, NOTICE TO R4 & R6
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-6, VANI
VILAS HOSPITAL, BANGALORE OR R-2 CHIGATERI DISTRICT
HOSPITAL, DAVANAGERE TO ADMIT THE PETITIONER AND
TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE
PREGNANCY AND DIRECT OR RESPONDENT NO.6, VANI VILAS,
BANGALORE OR RESPONDENT NO.2 CHIGATERI DISTRICT
HOSPITAL, DAVANAGERE TO PRESERVE THE TERMINATED
FOETUS/PRODUCT OF CONCEPTION FOR THE PURPOSE OF
DNA TESTING AND ANALYSIS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
In pursuance of the order dated 03.04.2018, the petitioner, Ms. 'X', has been produced along with her parents, by the State Home for Girls, in Bengaluru.
2. Considering the sensitivity of the subject, this Court has held its proceeding in the Chambers, rather in the open Court. This Court has spoken to Ms. 'X'. She informs this Court that although she has known Manju for some time, although she had gone with Manju to another village, but considering the fact that she is 16 years old, and unmarried, she would not like to continue with her pregnancy which has been caused by Manju. Considering the fact that the petitioner happens to be a minor, obviously the pregnancy is due to an alleged rape by Manju.
3. In accordance with the order dated 28.03.2018, the learned counsel for the State has submitted the medical report prepared by the Bangalore Medical -4- College and Research Institute, which had an occasion to examine the petitioner on 31.03.2018, at 11.30 a.m. According to the said report, the petitioner is pregnant, and is running in her 22nd weeks (+ or - one week). Moreover, according to the said report, the Board is of the opinion that there are no medical contraindications for her to undergo termination of pregnancy, after correction of anaemia.
4. The learned counsel for the petitioner has relied on the case of VENKATALAKSHMI -VS- THE STATE OF KARNATAKA & ORS. (CIVIL APPEAL No.15378/2017) decided by the Apex Court on 21.09.2017, and has pleaded that the present case is similar to the case of VENKATALAKSHMI (supra). In the said case, the victim was subjected to a rape, and due to the rape, she had conceived. Although this Court had rejected the writ petition seeking a prayer for termination of pregnancy, by its order dated -5- 31.08.2017, passed in W.P.No.38015/2017, but the Hon'ble Apex Court, by its judgment dated 21.09.2017, had allowed the appeal, and had directed that the pregnancy due to rape, should be terminated. The learned counsel has also pointed out that in the said case, the victim's pregnancy was in 26th week with gestation with mild anaemia, whereas in the present case, the pregnancy of the petitioner is only in 22nd week with gestation with mild anaemia. Therefore according to her, similar order should be passed by this Court, as was passed by the Apex Court in the case of VENKATALAKSHMI (supra).
5. In all fairness, and in the opinion of this Court, rightly so, the learned counsel for the State has not objected to the prayer made by the petitioner.
6. Considering the fact that the child has been conceived in a rape case, considering the fact that the petitioner does not wish to continue with her pregnancy -6- as it will create individual and social problems for her and for her family, this Court is of the opinion that appropriate directions should be issued for the termination of her pregnancy.
7. Therefore, this Court passes the following directions:
(i) The respondent No.6, the Medical Superintendent, Vani Vilas Hospital, shall admit Ms. 'X' in the hospital on 05.04.2018, for the purpose of terminating her pregnancy. The Medical Superintendent shall ensure that Ms. 'X' is discharged from the hospital, only after the doctors are of the opinion that she has recovered well enough for her to be able to go back to Davanagere.
(ii) The Medical Superintendent shall ensure that the hospital preserves the terminated foetus as it may be necessary for the purpose of DNA testing with reference to Crime No.5/2018 on the file of Women's Police Station, Davanagere, subject to the order of this Court.-7-
(iii) The respondent No.3 shall collect the samples of the foetus for its DNA testing by the Central Laboratory, located in Hyderabad. The laboratory is directed to convey its report to the I.O., within a period of two months from the date of receipt of the DNA samples.
(iv) The State shall bear all the medical expenses necessary for the operation, medicines, food, etc., of the patient.
A copy of this order shall be made available to respondent Nos.3, 4 and 6, for their immediate action.
With these directions, the petition stands disposed of.
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JUDGE RD