Karnataka High Court
Ms. X vs State Of Karnataka on 28 January, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:3722
WP No. 1849 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.1849 OF 2025 (GM-RES)
BETWEEN:
MS. X
REP. BY HER MOTHER,
SMT. ARUNA KUMARI,
AGED. 39 W/O LATE CHANDRASHEKHAR
R/A NO. 461, 3RD CROSS, 4TH MAIN ROAD,
ATTUR LAYOUT, YELAHANKA NEW TOWN,
BENGALURU CITY,
BENGALURU - 560 064
...PETITIONER
(BY MS. VARSHITHA K., ADVOCATE FOR
SRI. DEEPAK BHASKAR., ADVOCATE)
Digitally signed AND:
by KRISHNAPPA
LAXMI YASHODA
Location: HIGH 1. STATE OF KARNATAKA
COURT OF
KARNATAKA THROUGH YELAHANKA NEW
TOWN POLICE STATION,
BENGALURU-560064
REP BY PUBLIC PROSECUTOR
2. GHSIS GOSHA HOSPITAL
SHRI ATAL BIHARI VAJAPAYEE
MEDICALCOLLEGE AND RESEARCH INSTITUTE,
SHIVAJINAGAR, BENGALURU 560 051
-2-
NC: 2025:KHC:3722
WP No. 1849 of 2025
3. VANI VILAS HOSPITAL,
VICTORIA HOSPITAL COMPOUND
SULTAN ROAD,
BENGALURU, KARNATAKA 560 002
4. DISTRICT CHILD PROTECTION UNIT,
WELFARE DEPARTMENT COMPLEX,
BEHIND KIDWAI HOSPITAL,
DR. M.H. MARIGOWDA ROAD,
HOSUR ROAD, BENGALURU- 56002
5. CHILD WELFARE COMMITTEE
BEHIND KIDWAI HOSPITAL,
DR. M H MARIGOWDA ROAD,
HOSUR ROAD, BENGALURU 560 029
6. KARNATAKA LEGAL SERVICES AUTHORITY,
COURT COMPLEX,
BENGALURU-560027
...RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 & R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3
IMMEDIATELY ADMIT THE PETITIONER AT R3 HOSPITAL AND
TAKE NECESSARY STEPS TO MEDICALLY TERMINATE HER
PREGNANCY FORTHWITH AND DIRECTING THE R3 TO PRESERVE
THE TERMINATED FETUS FOR THE PURPOSE OF DNA TESTING
AND ANALYSIS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-3-
NC: 2025:KHC:3722
WP No. 1849 of 2025
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioner represented by her mother is before this Court seeking the following prayers:
A. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Respondent No.3 immediately admit the petitioner at Respondent No.3 Hospital and take necessary steps to medically terminate her pregnancy forthwith;
B. Issue a Writ of Mandamus, or any other appropriate Writ, order of direction, directing the Respondent No.3 to preserve the terminated fetus for the purpose of DNA testing and analysis;
C. Issue a Writ of Mandamus, or any other appropriate writ, order or direction, directing the Respondent No.1 to take all steps necessary for conducting relevant forensic tests at the State Forensic Laboratory, Madivala, Bangalore, of the terminated fetus for the purpose of investigation and trial of -4- NC: 2025:KHC:3722 WP No. 1849 of 2025 FIR bearing Crime No.0017/2025 registered by the Respondent No.1 (Annexure-B);
D. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Respondent No.6 to disburse a sum of INR 3,00,000/- (Rupees Three Lakhs only) to the Petitioner as compensation under the Karnataka Victim Compensation Scheme, 2011;
E. Grant such other reliefs as this Hon'ble Court deems fit in the interests of justice and equity.
2. On the previous occasion, when the matter had come up before this Court, this Court noticed the submission of the learned counsel for the petitioner who took the Court through Annexure-B an FIR, Annexure-C a ultrasound report of respondent No.2-Hospital, that the petitioner, who is a minor has suffered a sexual assault and she is pregnant with a live fetus of 26 weeks as on 18.01.2025. The petitioner thereafter, approached the Child Welfare Committee and the Committee has directed -5- NC: 2025:KHC:3722 WP No. 1849 of 2025 the petitioner to approach this Court to seek appropriate direction for termination of the pregnancy.
3. Having regard to the provisions contained in the Medical Termination of Pregnancy Act, 1971, the Medical Board was required to be constituted to obtain an experts opinion regarding termination of the pregnancy of the petitioner. Accordingly, directions were issued to the District Surgeon and Medical Superintendent of the respondent No.3 - Vani Vilas Hospital, Bengaluru to constitute a Medical Board headed by District Surgeon, Medical Superintendent, Gynecologist, Pediatrician, Radiologist, Physiatrist. The Medical Board was directed to examine the victim and submit a report along with its opinion to the Registry of this Court.
4. Accordingly, a report of the Medical Board has been furnished to this Court in a sealed cover. The opinion of the Medical Board dated 27.01.2025 reads as follows: -6-
NC: 2025:KHC:3722 WP No. 1849 of 2025 "With reference to above order the detailed examination was done on 27.01.2025 by the board constituted by the Incharge Medical Superintendent.
Members of the board
1. Dr. K Srinivas I/CMS & Prof & HOD OBG Dept.
2. Dr. Ashok Kumar Devoor Associate Professor, Dept of OBG.
3. Dr. Sahana Devadas Prof & HOD Pediatric Dept.
4. Dr. Arul Dasan Professor, Dept of Radiology.
5. Dr. Bhaskar Associaté Professor, Dept of Anesthesia.
6. Dr. Prashanth Professor & HOD, Dept of Psychiatry.
The opinion of the board is enclosed and submitted on 27-01-2025 as directed by the honorable High Court of Karnataka. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE Medical Board Opinion for the Termination of Pregnancy of Miss xxx.
D/o Smt. Aruna Kumar Name: Miss xxx D/O Smt. Aruna Kumar -7- NC: 2025:KHC:3722 WP No. 1849 of 2025 Age: 16 years IP NO 20256277 UHID -20250505100 Address: 461, 3rd Cross, 4th Main, Attur Layout Karnataka, Bangalore Urban, India. Ph. No. 9538394722 Date, time and place of examination: 27/01/2025, 10:00AM, Vani Vilas Hospital, BMCRI, Bengaluru Case examined by - Medical Board as per the instructions by the Hon. High court of Karnataka, Bangalore, for the writ petition No 1849/2025 dt.24.01.2025 HISTORY LMP: Not known EDD: cannot be calculated EDD by scan: 23/04/2025 (27+3 weeks of POG on the day of scan) Primi with 27+5 weeks Period of gestation No history of any comorbidities like DM, hypertension, thyroid/ heart diseases, epilepsy, etc PHYSICAL. EXAMINATION Patient is alert, conscious and cooperative. Build and nutrition: Moderate Weight: 61kgs Height: 160cms -8- NC: 2025:KHC:3722 WP No. 1849 of 2025 No pallor, no pedal edema, no cyanosis Thyroid, breast, spine are normal.
Pulse: 72 bpm BP: 100/70 mm Hg Respiratory rate: 16cpm Cardiovascular system: S1, S2 heard, clinically no abnormality detected Respiratory system: clinically no abnormality detected OBSTETRIC EXAMINATION On examination:
Per abdomen: Uterus 28 weeks sized, Relaxed, Fetal heart sounds heardFHS -146 BPM IMPRESSION:
Primi with 27+5 weeks gestation Investigations:
Hb- 9.2 gm% Platelets: 2.27 lakh/mm3 WBC: 10,500 cells/cmm TSH: 2.04 mlU/mL Na: 141 mmol/L
-K: 3.63 mmol/L Cl: 105.9 mmol/L Blood glucose: 60.7mg /di Blood group: B positive HBsAg- Non reactive VDRL- Non reactive -9- NC: 2025:KHC:3722 WP No. 1849 of 2025 HIV - Non reactive Renal Function Tests: Within Normal Limits Liver Function Tests: Within Normal Limits ECG - Within Normal Limits: Urine routine- Negative for pus cells and RBCs PT- 11.6 sec APTT- 24.0 sec INR- 1.13 ULTRASOUND EXAMINATION Ultrasound examination of abdomen on 25/01/2025 Single live intrauterine gestation noted with the following parameters:
Presentation: Unstable Lie Fetal heart rate: 132 bpm Biparietal Diameter: 7.17CM Head circumference: 24.84CM Abdominal circumference: 22.30cm Femur length: 5.09cm Mean gestational age: 27+3d weeks ‡2 weeks Estimated foetal weight: 1018 gms Placenta anterior, lower margin well above the internal os Amniotic fluid volume- adequate IMPRESSION:
- 10 -
NC: 2025:KHC:3722 WP No. 1849 of 2025 SINGLE LIVE INTRAUTERINE GESTATION OF 27+3d WEEKS +/-2 WEEKS GROWTH BY SCAN RADIOLOGY OPINION:
USG reveals single live intrauterine fetus of 27+3 days weeks +/-2 weeks gestational age with no USG detectable anomalies.
PSYCHIATRY OPINION:
Evaluation suggestive of Moderate depressive episode without somatic syndrome with features of post-traumaticstress disorder and needs psychiatry follow up later for continuation of psychiatry treatment. The board decision maybe executed with no psychiatric contraindication at present for intervention.
ANAESTHESIA OPINION:
As per the final opinion of the board, there are no anaesthetic concerns if termination is planned.
PEADIATRICS OPINION:
Teenage pregnancy with 27+5 weeks gestation. Period of legal viability in India is 28 weeks. If the current pregnancy is terminated the chances of survival of the baby is high, but with
- 11 -
NC: 2025:KHC:3722 WP No. 1849 of 2025 consequences of preterm birth like neurological respiratory, gastrointestinal, ophthalmic complication.
History has suggested suicidal tendencies. Continuation of pregnancy can cause physical and psychological effects including traumatic impact on mental health on a 16 years old girl.
The possibility of the foetus being alive if terminated has been counseled to the mother and the grandmother.
The decision-making capability and to take care of the new born is beyond the limits for the 16-year- old girl.
OBSTETRIC OPINION:
Teenage pregnancy problems antenatally, intra- natally and post-natally cannot be predicted.
The survival possibility of the unborn and possibility of surgical intervention for delivery are high irrespective of delivering now or at term.
With a history of suicidal tendencies and depressive episodes as documented by the psychiatrist,
- 12 -
NC: 2025:KHC:3722 WP No. 1849 of 2025 continuation of pregnancy may worsen her psychiatric condition.
FINAL OPINION:
Based on the above examinations and opinions, Miss XXX D/o Smt.Aruna Kumar, aged 16 years, PRIMI with 27+5weeks of gestation for medical termination of pregnancy, the medical board at Vanivilas Hospital is of the opinion that termination of pregnancy can be considered in this patient: However, the preterm newborn may have a survival possibility with multiple consequences due to preterm delivery.
In the light of the afore-quoted opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions and it would become necessary for a direction to be issued to the Hospital to undertake termination of pregnancy. Therefore, the following:
ORDER
1. The writ petition is disposed of.
- 13 -
NC: 2025:KHC:3722 WP No. 1849 of 2025
2. Mandamus issues to respondent No.3 - Hospital is directed to carryout the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State.
3. The procedure is subject to further examination of the Doctor who has to conduct such a procedure and if in the opinion of the Doctor, such a procedure would cause harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure;
4. The petitioner shall not be liable to make payment of any amounts towards such procedure.
5. In the event of the Doctor being of the opinion that medical termination of pregnancy procedure has to be carried out and is in fact carried out, the foetus shall be preserved by respondent No.3
- 14 -
NC: 2025:KHC:3722 WP No. 1849 of 2025 in such a manner as to facilitate DNA testing of the foetus. The respondent No.3-Hospital is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory at Bangalore.
6. Respondent No.1 - Yelahanka Police Inspector shall make necessary arrangements as may be necessary to facilitate the transport of the petitioner and her immediate family members/attendants to respondent No.3- Hospital for treatment and after such treatment for their transport back to their residence. In the event of any follow-up treatment being required and as advised by the treating doctor, shall arrange for such transport at such times as advised and/or as directed by the Doctor, the same being carried out at the cost of the State.
7. Official respondents shall file status report in two weeks.
- 15 -
NC: 2025:KHC:3722 WP No. 1849 of 2025
8. A copy of this order shall be furnished to learned Additional Government Advocate.
9. Registry shall communicate this order to the Hospital - the Medical Superintendent of Vani Vilas Hospital forthwith, by way of electronic mail.
Sd/-
(R DEVDAS) JUDGE KLY CT: JL