Karnataka High Court
Ms. X vs State Of Karnataka on 13 December, 2023
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2023:KHC:45308
WP No. 14836 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 14836 OF 2021 (GM-RES)
BETWEEN:
MS. X
AGED ABOUT 15 YEARS
REPRESENTED BY SMT ASHA BAI
M G HALLI, KALKERE
MEDUGONDANAHALLI
DAVANAGERE-577213
KARNATAKA
...PETITIONER
(BY SMT. SAHANA B V.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY THE CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE-560 001.
Digitally
signed by
SHAKAMBARI 2. BANGALORE MEDICAL COLLEGE AND
Location: High
Court of RESEARCH INSTITUTE
Karnataka
REPRESENTED BY IT'S MEDICAL
SUPERINTENDENT FORT, K.R. ROAD
BANGALORE-560 002.
3. VANI VILAS WOMEN AND CHILDREN HOSPITAL
VICTORIA HOSPITAL COMPOUND
SULTAN ROAD, KALASIPALYA
BENGALURU, KARNATAKA-560 002.
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NC: 2023:KHC:45308
WP No. 14836 of 2021
4. STATE OF KARNATAKA
REPRESENTED BY CHANNAGIRI PS
CHANNAGIRI SUB DIVISION
DAVANAGERE-577213.
5. DISTRICT LEGAL SERVICES AUTHOERITY
DAVANAGERE
REPRESENTED BY ITS MEMBER SECRETARY,
DISTRICT COURT COMPLEX
DAVANAGERE DISTRICT - 577 002.
6. KARNATAKA STATE INTEGRATED
CHILD PROTECTION SOCIETY
REPRESENTED BY ITS CHAIRPERSON
PRINCIPAL SECRETARY
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
M S BUILDING, BANGALORE-560 001.
7. DISTRICT HEALTH OFFICER, DAVANAGERE
DAVANAGERE, S.O.G. COLONY
SHRI. RAMANAGARA, DAVANAGERE
KARNATAKA - 577 003.
8. CHILD WELFARE COMMITTEE, DAVANAGERE
REPRESENTED BY ITS CHAIRPERSON
SHRI. RAMANAIK Y., 14TH CROSS
M.C.C., 'B' BLOCK, KUVENPUR NAGAR
DAVANAGERE, KARNATAKA - 577 004.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1, R4 & R6;
SRI. P.S. MALIPATIL, ADVOCATE FOR R2;
R3 & R5 - SERVED)
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NC: 2023:KHC:45308
WP No. 14836 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT RESPONDENT NO.3, VANI VILAS WOMEN AND
CHILDREN HOSPITAL, BANGALORE TO ADMIT THE
PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO
TERMINATE THE PREGNANCY, AS PER THE INTERIM
REPORT SUBMITTED IN RESPECT OF THE PETITIONER
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard, Smt. Sahana B.V, learned counsel for the petitioner.
2. The petitioner who is a minor girl aged about 15 years has approached this Court seeking reliefs in the nature of direction to the respondent No.3-Hospital to admit her and take necessary medical steps for termination of pregnancy and further consequential reliefs in the nature of preservation of fetus and also to conduct DNA test in the case subject matter in the Trial Court in -4- NC: 2023:KHC:45308 WP No. 14836 of 2021 Crime No.57/2021 on the file of Channagiri Police Station, Davangere and other reliefs.
3. This Court by the Order dated 13.08.2021 by way interim arrangement had indeed granted prayer made in prayer column Nos. 1 to 3.
4. In that view of the matter, learned counsel for the petitioner submits that the present petition is only restricted for the purpose of consideration of prayer No.4 in terms of which the petitioner is seeking issue of writ of mandamus directing respondent No.5-District Legal Services Authority, Davangere to disburse a sum of Rs.3,00,000/- to the petitioner under the Karnataka Victim Compensation Scheme, 2011 as per Annexure-H.
5. Learned counsel for the petitioner refers to proceeding of the Government of Karnataka dated 25.09.2018 in terms of which the petitioner/victim is entitled for the compensation as per the schedule provided thereunder. She further submits that, in terms of the -5- NC: 2023:KHC:45308 WP No. 14836 of 2021 aforesaid Government Order, it is respondent No.5- District Legal Services Authority, Davangere which is required to consider grant of compensation to the petitioner in terms of the aforesaid Government Order and pass appropriate orders thereon.
6. On the query by this Court, learned counsel for the petitioner submits that the trial has concluded the trial and the accused has been convicted for the offences publishable under Section 366A, 376 IPC read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006.
7. In that view of the matter the petition is allowed to the extent of prayer made in Prayer No.4.
The respondent No.5-District Legal Service, Davangere shall consider the contents of the writ petition as representation and pass appropriate Orders in petitioner receiving the benefits of compensation as per -6- NC: 2023:KHC:45308 WP No. 14836 of 2021 the Government Order dated 25.09.2018, and such Orders shall be passed within an Outer limit of six weeks from the date of receipt of certified copy of this Order.
Sd/-
JUDGE RL List No.: 1 Sl No.: 4