Rajasthan High Court - Jaipur
Petitioner- A vs State Of Rajasthan on 27 November, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.19560/2019
Petitioner- A
----Petitioner
Versus
1. State of Rajasthan, through Home Secretary, Government
Secretariat, Jaipur.
2. Principal Secretary, Department Of Medical And Health,
Government Secretariat, Jaipur.
3. Chief Medical And Health Officer, Karauli, Rajasthan.
4. Superintendent Of Police, District Karauli, Rajasthan.
5. Station House Officer, Police Station Sapotara, District
Karauli, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Anshul Sharma, Adv. For Respondent(s) : Mr. Bharat Saini, Addl. G.C. HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 27/11/2019 The petitioner- A in the present petition is unfortunate victim of rape committed on her.
The present petition has been filed by petitioner-A through her natural guardian-father for seeking permission to abort the fetus of around 7 weeks 4 days of the victim girl-petitioner due to sexual assault on her.
This Court finds that the father of the petitioner had lodged a FIR bearing No.77/2019 at Police Station Sapotara, District Karauli for the offences under Sections 342 and 363 IPC against accused persons.
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(2 of 4) [CW-19560/2019] This Court finds that the father of the petitioner also had to move Habeas Corpus Petition before this Court and this Court had given a direction to the Investigation Agency to recover the girl- petitioner. On 4.10.2019, SHO Sapotara, District Karauli, produced the petitioner before the Court and it was informed that the petitioner was recovered from Village Basai Jagner, District Agra, Uttar Pradesh and she was produced before the Child Welfare Committee on 3.10.2019 and her statement was also recorded.
This Court, disposed of the said Habeas Corpus Petition by order dated 4.10.2019 and custody of the petitioner was given to her parents.
The parents of the petitioner found that when petitioner was in illegal confinement, she become pregnant during kidnapping period and as such the petitioner was taken to Government Hospital, Karauli to get report with regard to her pregnancy.
This Court further finds that the report with regard to pregnancy has been given by the Government Hospital, Karauli on 7.11.2019 and the petitioner is found to be pregnant with seven weeks and 4 days duration.
The petitioner unfortunately has become victim of very unfortunate incident and as such the request which was made by the parents of the petitioner to permit the termination of pregnancy, has not been entertained by the Authorities.
Learned counsel appearing for the petitioner Mr. Anshul Sharma, submitted that the petitioner is now required to be given permission to undergo the termination of pregnancy as continuation with pregnancy will be a permanent scar on her life and as such this Court may exercise powers given under the Medical Termination of Pregnancy Act, 1971. (Downloaded on 28/11/2019 at 08:57:06 PM)
(3 of 4) [CW-19560/2019] Learned counsel for the petitioner also submitted that this Court in the case of Child Welfare Committee, Bhilwara vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.17137/2019), decided on 4.10.2019 has also passed order where direction has been given for permitting the termination of the pregnancy after constitution of a Medical Board of three Doctors.
Learned counsel for the petitioner further submitted that the condition of the petitioner being a victim of rape, can be visualized and in such a situation if proper direction is not given by the Court, the petitioner would suffer for the entire life not only the social stigma but also mental injury.
This Court had asked Mr. Bharat Saini, Addl. Govt. Counsel to appear on behalf of the respondents to assist the Court. Mr. Bharat Saini, Addl. G.C. submitted that the power lies with the Court to pass appropriate order, however, the medical condition of the girl- petitioner is also required to be examined before granting permission to terminate her pregnancy.
Counsel submitted that one team of Doctors may be constituted by this Court to first examine the petitioner as whether she is in a fit state of health to undergo such procedure.
I have heard the learned counsel for the parties and perused the material available on record.
This Court finds that apparently the petitioner is a victim of rape and she has been found to be pregnant by Government Doctors by giving report dated 7.11.2019, wherein pregnancy test report was shown to be 'positive' and further she was pregnant with seven weeks and four days duration.
This Court deems it proper to constitute a Committee of three Doctors in Government Hospital, Karauli and the said team (Downloaded on 28/11/2019 at 08:57:06 PM) (4 of 4) [CW-19560/2019] will consist of Gynecologist, Obstetrician and Physician. The team so constituted immediately may examine the petitioner and after report is received by the team certifying that termination of pregnancy can be undertaken then necessary steps will be taken accordingly.
This Court accordingly deems it proper to constitute a Medical Board of three Doctors within one day and after receipt of a report certifying the petitioner to be under fit state of health to undergo the termination of pregnancy, the procedure may be immediately followed.
This Court further deems it proper to direct the Authorities to preserve the fetus of the petitioner for the purpose of DNA Test, in case any need arises in future. The petitioner is permitted to appear before the Medical College, Karauli as early as possible on 28th November, 2019. Immediately after reporting of the petitioner, the Hospital Authorities are directed to take immediate steps to perform the necessary steps as aforesaid.
The original cause title of the writ petition with regard to details of the petitioner shall not be disclosed while uploading the order dated 27.11.2019. It is also directed that the details relating to Petitioner-A (minor girl) shall not be published in print/electronic media or otherwise.
Accordingly, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR), J Himanshu Soni/375/98 (Downloaded on 28/11/2019 at 08:57:06 PM) Powered by TCPDF (www.tcpdf.org)