HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11274/2021 A, (Name Deleted In Terms Of Honorable Court Order).
----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Secretariat, Jaipur.
2. Chief Medical And Health Officer, District Hanumangarh, Rajasthan.
3. Superintendent Of Police, Hanumangarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. DS Sodha
For Respondent(s) : Mr. Pankaj Sharma, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
19/08/2021
This writ petition has been filed by the petitioner through her father essentially with a prayer for issuing direction to the respondents to conduct medical termination of pregnancy of the petitioner.
As per the mark sheet of Secondary Board Examination, the date of birth of the petitioner is 16.06.2004 and, as such, she has not completed eighteen years of age. It is alleged that the petitioner was raped by the accused person and in connection with that, an FIR was also lodged and the accused person has been arrested.
An application was preferred on behalf of father of the petitioner in the court of Special Judge, POCSO Act, 2012 Hanumangarh (Raj) (hereinafter referred to be as 'the trial court') (Downloaded on 19/08/2021 at 09:17:21 PM) (2 of 2) [CW-11274/2021] with the prayer to direct the State authorities to conduct termination of unwanted pregnancy of the petitioner. The said application was rejected by the trial court vide order dated 12.08.2021 while observing that as per the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 (for short 'the Act of 1971'), pregnancy up to twenty weeks only can be ordered to be terminated.
It appears that the trial court has failed to take note of the amendment in Section 3 of the Act of 1971 vide Medical Termination of Pregnancy (Amendment Act, 2021) wherein, it is specifically provided that pregnancy up to twenty four weeks can be terminated under the medical advise.
In such circumstances, the impugned order dated 12.08.2021 is set aside.
The State shall make necessary arrangements for the medical examination of the petitioner immediately in the Government Hospital, Hanumangarh. The Superintendent of the Government Hospital, Hanumangarh shall constitute a Medical Board consisting of senior doctors (expertise in the subject) and after seeking their opinion regarding possibility of termination of the fetus, while keeping into consideration the safety and health of the petitioner and if in the opinion of the Medical Board it is possible, shall conduct the process of medical termination of the pregnancy of the petitioner expeditiously.
With these observations, this writ petition is disposed of.
(VIJAY BISHNOI),J Surabhii/139-
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