Delhi High Court - Orders
'S' vs State Of Nct Of Delhi & Anr on 27 September, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (CRL) 1835/2021
'S' ..... Petitioner
Represented by: Mr. Anwesh Madhukar, Adv.
DHCLSC with Ms. Prachi Nirwan,
Mr. Abhishek Sandillya, Adv.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondent
Represented by: Ms. Kamna Vohra, ASC for State/R-1
with SI Govind Puri.
Mr. V. S. R. Krishna, Standing
Counsel with Mr. V. Shashank
Kumar, Adv. for AIIMS/R-2.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 27.09.2021 The hearing has been conducted through Video Conferencing.
1. By this petition, the petitioner had sought directions to respondent No.1 and 2 to medically terminate her pregnancy as she was a victim of rape on which FIR No. 404/2021 under Section 376 IPC was registered at PS Govind Puri.
2. When this petition came up before this Court it was informed that the petitioner has a pregnancy of 20 weeks and thus this Court noted that immediate action is required to be taken for the enforcement of the right of the petitioner to get her pregnancy terminated.
3. This Court requested the Medical Superintendent AIIMS to Signature Not Verified W.P. (CRL) 1835/2021 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:27.09.2021 11:59:39 immediately constitute a medical Board to examine the petitioner on that day or latest by 24th September, 2021 and in case the pregnancy can be terminated safely with no harm to the life of the petitioner the same be carried out expeditiously.
4. A report has been received from the Board of Doctors of the respondent No.2 dated 24th September, 2021 as per which the petitioner is a third gravida presently at 20 weeks + 6 days POG by LMP and 20 weeks + 1 day by Ultrasound Scan on 24th September, 2021. Petitioner has consented for medical termination of pregnancy and suffers from no other co- morbidity.
5. It is stated that an MTP of 20 weeks + 6 days with previous cesarean can be undertaken after taking informed consent and after informing the petitioner about risk associated with 2nd Trimester Abortion and previous cesarean section. It is also stated that previous cesarean with short inter- conceptional period is associated with higher complications compared to 2nd Trimester abortion in an unscarred uterus.
6. The petitioner is present through video conferencing and wants to get the MTP conducted. Consequently the respondent No.2 is directed to get the MTP of the petitioner conducted after taking her informed consent. The samples of the fetus for DNA analysis will also be preserved for further examination.
7. The order has been passed in the presence of learned counsel for AIIMS who will ensure that immediate action is taken so as to avoid any further delay and the petitioner be preferably admitted today itself and for the said purpose the petitioner will reach the office of the MS AIIMS at 12.00 Noon today.
Signature Not VerifiedW.P. (CRL) 1835/2021 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:27.09.2021 11:59:39
8. Petition is disposed of.
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 27, 2021 'ga' Signature Not Verified W.P. (CRL) 1835/2021 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:27.09.2021 11:59:39