Gujarat High Court
Surjibhai Badaji Kalasva-On Behalf Of ... vs State Of Gujarat on 22 January, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/585/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 585 of 2018
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SURJIBHAI BADAJI KALASVA-ON BEHALF OF HIS MINOR
DAUGHTER....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
KUMAR H TRIVEDI, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/01/2018
ORAL ORDER
1 By this writ application under Article 226 of the Constitution of India, the writ applicant, father of the victim, has prayed for the following reliefs:
"14(A) This Hon'ble Court may be pleased to issue appropriate writ, order and/or direction to the respondent authority to terminate the pregnancy of victim who is minor daughter of the petitioner, at the earliest;
(B) This Hon'ble Court may be pleased to issue appropriate writ, order, direction and/or guidelines for the police authorities of State of Gujarat to act in an effective and speedy manner when rights of minor victims are concerned and also to inform such victims and their family members of their right regarding termination of unwanted pregnancy in a given case;
(C) This Hon'ble Court may be pleased to issue appropriate writ, order
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R/SCR.A/585/2018 ORDER
and/or direction to judicial authorities of State of Gujarat for speedy disposal of applications, wherein, rights of minor victims are concerned and to ensure that not a single unnecessary adjournment are granted in such sensitive cases;
(D) This Hon'ble Court may be pleased to grant such other and further relief and/or order in the interest of justice in favor of the petitioner."
2 My attention is drawn to a certificate dated 20th January 2018 issued by (1) Dr. Shilpa Ninama, Assistant Professor, (2) Dr. Mayur Gandhi, Associate Professor and HOD, (3) Dr. Anil Bariya, Assistant Professor of the Obstetrics and Gynecology, the GMRES Medical College, Himmatnagar. The report reads as under:
"With Reference to above subject my opinion regarding Pregnancy Termination in his case after clinical examination and investigation is as follows.
USG Findings single live intrauterine foetus with cephalic presentation with maturity according to femur length is 30 weeks 1 day.
1) As the pregnancy is of 30 weeks 1 day, as per the Medical Termination of Pregnancy Act1971 termination of pregnancy is not permissible.
2) However if decision of 'pregnancy termination is taken, there will be possibility maternal and foetal risk.
Maternal risk in termination of such pregnancy includes: A) Risk of induction of preterm labour B) Risk of failure of induction of preterm labour as the cervix is not ripe.
C) Abnormal Urerine action.
D) Higher incidence of cesarean section.Page 2 of 4
HC-NIC Page 2 of 4 Created On Mon Jan 22 23:21:04 IST 2018 R/SCR.A/585/2018 ORDER E) Higher incidence of maternal infection. F) Amniotic Fluid Embolism.
3) As the pregnancy has crossed the age of foetal viability, child delivered at this stage will have signs of life and will be preterm. Preterm child will have all the major systems of body immature which will result in following complications.
A) Low birth weight
b) Respiratory distress syndrome.
C) Apnoea.
D) Loss of control of respiration F) Jaundice and kernicterus.
G) Electrolyte imbalance.
H) Septicaemia.
I) Difficulty in maintaining temperature. J) Difficulty in oral feeding."
3 Thus, it appears that the foetus, as on date, is of about thirty weeks. The three doctors are of the opinion that as the pregnancy has crossed the age of foetal viability, the child delivered at this stage may have signs of life and may be preterm. If this Court has understood the report correctly with a little understanding about medical science, then there are two possibilities: First, the termination may put an end to the life of the foetus, or it is possible that while trying to terminate the foetus, the baby would take birth, but with signs of life. This Court would like to understand something more in this regard. Three doctors named above are requested to personally remain present before this Court on 23rd January 2018 at 11:00 A.M. The assistance of the three doctors is necessary before any further order is passed in this regard. Mr. Mitesh Amin, the learned Public Prosecutor is requested to convey to the Page 3 of 4 HC-NIC Page 3 of 4 Created On Mon Jan 22 23:21:04 IST 2018 R/SCR.A/585/2018 ORDER three doctors to remain present on 23rd January 2018.
4 Post this matter on 23rd January 2018 as Item No.1 on the Board.
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