Bombay High Court
Sushila Raju Mane vs State Of Maharashtra And 2 Ors on 1 September, 2021
Author: Madhav J. Jamdar
Bench: Ujjal Bhuyan, Madhav J. Jamdar
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9.w18091.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.18091 OF 2021
Sushila Raju Mane ... Petitioner
V/s.
State of Maharashtra & Ors. ... Respondents
Mr.Ashley Cusher for the Petitioner.
Ms.P.H.Kantharia G.P. for the Respondent.
CORAM : UJJAL BHUYAN AND
MADHAV J. JAMDAR, JJ.
DATE : 1ST SEPTEMBER, 2021
P.C:-
Heard Mr.Ashley Cusher, learned Counsel for the Petitioner and
Ms.P.H.Kantharia, learned Government Pleader for the Respondent-State.
2. On 20.08.2021 we had passed the following order :
"2. Petitioner is the mother of minor victim girl who is alleged to have suffered rape which is relatable to FIR No.0213 of 2021 registered before Rabale, MIDC, Navi Mumbai under section 376-D of the Indian Penal Code (IPC) r/w sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The pregnancy is now stated to be in its 23rd week.
3. Having heard learned counsel for the parties and on due consideration, we direct respondent No.3 i.e. Sir J. J. Group of Hospitals and Grant Government Medical College to constitute a Medical Board for examination of the petitioner and thereafter to ::: Uploaded on - 02/09/2021 ::: Downloaded on - 03/09/2021 01:25:25 ::: hcs 2/5
9.w18091.21.doc submit a report in sealed cover on or before the next date. Let the victim appear before the Medical Board on 23.08.2021.
4. Stand over to 25.08.2021."
3. Thereafter when the matter was called upon on 25.08.2021 the following order was passed :
"3. Today, when the matter is called upon, Ms. P. H. Kantharia, learned GP has placed before us the medical report dated 24.08.2021 which we have perused. Relevant portion of the report of the medical board reads as under :-
"After taking history, careful examination, ultrasonography and psychiatric evaluation, the committee has come to the opinion that at present no abnormality is detected in the fetus and the pregnant minor and her mother do not want to continue pregnancy as it was a result of rape. She is a minor(17 years old) and is deaf and mute and is anguished with the pregnancy.
Continuation of pregnancy in a minor may lead to pregnancy related complications like anaemia, pregnancy induced hypertension as well as complications during labour. It is also going to have a psychological impact on the pregnant minor with an uncertain future.
The pregnant minor and her mother have expressed desire to terminate the pregnancy and are made aware of the dangers of continuation of pregnancy, as well as those of termination of ::: Uploaded on - 02/09/2021 ::: Downloaded on - 03/09/2021 01:25:25 ::: hcs 3/5
9.w18091.21.doc pregnancy.
Since the pregnancy has advanced to 24 week of gestation,well beyond legal limit of termination of pregnancy i.e. 20 weeks, the termination can only be done with the Hon'bleHigh Court's permission.
At 24 weeks of gestation, termination of pregnancy carries risk to pregnant minor. However continuation of pregnancy will cause physical & mental stress to the minor mother. Hence it is advisable to terminate the pregnancy at any convenient hospital of her choice."
4. In view of the recommendation of the medical board as extracted above, we grant permission to the petitioner's daughter to undergo medical termination of her pregnancy in respondent No.3 hospital.
5. We request Ms. P. H. Kantharia, learned GP to ensure that a paralegal volunteer of the Child Welfare Committee or of the District Legal Services Authority may be assigned to assist the petitioner's minor daughter who is stated to be deaf and dumb.
6. Outcome of the procedure shall be informed to the Court on the next date.
7. Since the petitioner has alleged that pregnancy is the outcome of rape committed upon her minor daughter in connection with FIR No.0213 of 2021 registered with Rabale, MIDC, Navi Mumbai Police Station under section 376-D of the Indian Penal Code, 1860 read with ::: Uploaded on - 02/09/2021 ::: Downloaded on - 03/09/2021 01:25:25 ::: hcs 4/5
9.w18091.21.doc sections 4 and 6 of the POCSO Act, 2012, it is directed that while carrying out medical termination of pregnancy, blood, DNA samples etc. necessary for criminal investigation may be preserved and thereafter handed over to the investigating authority as and when required.
8. Stand over to 01.09.2021."
4. Today, when the matter is called upon, learned Counsel for the Petitioner has informed us that medical termination of pregnancy of the victim girl was successfully carried out yesterday i.e. on 31.08.2021.
5. Learned Counsel for the Petitioner has further referred to prayer clause (e) and prays for compensation to the victim under Manodhairya Scheme prepared by the State Government.
6. Let the Petitioner along with her guardian approach the District Legal Services Authority, Thane for payment of compensation/interim compensation as per aforesaid scheme or any scheme framed under section 357A of the Code of Criminal Procedure, 1973.
7. Considering the fact that the victim girl had undergone sexual abuse, we expect that above request shall be processed expeditiously. District Legal Services Authority may extend legal aid assistance to the victim by providing her para legal volunteer.
8. Learned Counsel for the Petitioner has also drawn our attention to Exhibit-C appended to the Writ Petition which is a letter dated 14.08.2021 ::: Uploaded on - 02/09/2021 ::: Downloaded on - 03/09/2021 01:25:25 ::: hcs 5/5
9.w18091.21.doc issued by the Child Welfare Committee, District Thane and addressed to the Police Inspector, APMC police station, Navi Mumbai.
9. We have perused the letter. It is seen that after recording the status of the victim girl and willingness of the victim girl and mother for undergoing medical termination of pregnancy, an order was passed granting permission for carrying out medical termination of pregnancy of the victim in any municipal hospital with further direction that after the procedure of medical termination was carried out, the Child Welfare Committee should be informed.
10. While we appreciate the concern of the Child Welfare Committee, District Thane about the welfare of the victim girl, we are however of view that issuance of such orders and directions may not be within the purview of the Child Welfare Committee. Though the Child Welfare Committee has significant role to play in the welfare of children under various enactments including the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as the Protection of Children against Sexual Offences Act, 2012, it would be advisable that they should not venture into an arena where they are not authorised and leave it to the Court to decide.
11. With the aforesaid observations, the Writ Petition is disposed of.
[MADHAV JAMDAR, J.] [UJJAL BHUYAN, J.]
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