Bombay High Court
Abc Mother Of Xyz vs State Of Maharashtra on 5 September, 2023
Author: Gauri Godse
Bench: Revati Mohite Dere, Gauri Godse
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2023.09.05
CHITNIS 14:30:03 +0530
1-wpl.24306.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.24306 OF 2023
Mrs. ABC
Mother of Ms. XYZ ...Petitioner
Versus
State of Maharashtra and Ors. ...Respondents
Mr. Ajinkya M. Udane, for the Petitioner.
Ms. P. H. Kantharia, G.P a/w Mr. Manish Upadhye, A.G.P for the
Respondents - State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 5th SEPTEMBER 2023
P.C. :
1. By this petition, the petitioner - mother seeks termination of pregnancy of 26 weeks of her daughter, who is a victim of sexual assault (17 years).
2. Vide order dated 31st August 2023, we had directed the respondent No.3 to constitute a Medical Board for examination of the petitioner's daughter and accordingly submit a report to this Court. N. S. Chitnis 1/4 ::: Uploaded on - 05/09/2023 ::: Downloaded on - 06/09/2023 05:35:37 :::
1-wpl.24306.2023.doc
3. Today, the learned AGP has tendered a report of the said Committee constituted by the Dean, Sir J.J. Hospital, Mumbai, in a sealed envelope. We have opened the envelope and after perusing the report, we find that the Committee has examined the victim aged 17 years old and the examination shows that the victim girl is 25.5 weeks pregnant with no congenital anomaly in the fetus.
4. From the report, it appears that the unwanted pregnancy will cause mental stress to the victim. It is further stated in the report that, at present the mother is physically and mentally fit to undergo Medical Termination of pregnancy ('MTP') and that final opinion regarding the fitness will be decided depending upon the clinical condition at the time of the procedure.
5. Considering that the petitioner's daughter, aged 17 years, is a victim of sexual assault and has filed a complaint under Section 376 of the Indian Penal Code, we permit the victim girl to undergo N. S. Chitnis 2/4 ::: Uploaded on - 05/09/2023 ::: Downloaded on - 06/09/2023 05:35:37 ::: 1-wpl.24306.2023.doc the procedure of the medical pregnancy, having regard to the report submitted by the Committee constituted by Sir J.J. Hospital, Mumbai.
6. Although, it is open for the petitioner to get the procedure done from any hospital, learned counsel for the petitioner states that the petitioner intends to get the procedure done i.e. MTP of her daughter, done at Sir J.J. Hospital, Mumbai.
7. In view of the same, the petitioner to get her daughter admitted to Sir J.J. Hospital, Mumbai, today, after which the doctors to perform the procedure, at the earliest, as per the report tendered to us today. If the child is born alive, efforts be taken to see that the child is given proper treatment. If neither, the petitioner nor the victim want the child, the hospital to take further steps in that direction.
8. Since, the petitioner's daughter is a victim of sexual assault, the District Legal Service Authority (DLSA), Mumbai, as well as the N. S. Chitnis 3/4 ::: Uploaded on - 05/09/2023 ::: Downloaded on - 06/09/2023 05:35:37 ::: 1-wpl.24306.2023.doc Women and Child Department, to forthwith release the amounts, stipulated in the Government Resolution dated 30 th December 2017, in order to enable the petitioner to cope with the financial constraints on them. After the procedure is over, the petitioner's daughter to be discharged, as and when deemed fit by the concerned doctors.
9. The DLSA, Mumbai, to assist the petitioner as well as to ensure that the scheme as available to victims of sexual assault, is made available to the victim and her parents.
10. Stand over to 8th September 2023.
All concerned to act on the authenticated copy of this order.
GAURI GODSE, J. REVATI MOHITE DERE, J. N. S. Chitnis 4/4 ::: Uploaded on - 05/09/2023 ::: Downloaded on - 06/09/2023 05:35:37 :::