Rajasthan High Court - Jodhpur
Xxx vs The State Of Rajasthan ... on 15 May, 2025
[2025:RJ-JD:23649]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10040/2025
XXXXX
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Medical And Health Services, Government
Secretariat, Jaipur, Rajasthan.
2. The Chief Medical And Health Officer, District Jodhpur.
3. The Superintendent Of Police, District Jodhpur.
----Respondents
For Petitioner(s) : Ms. Priyanka Borana
For Respondent(s) : Ms. Anita Rajpurohit for
Mr. N.S. Rajpurohit, AAG
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order 15/05/2025
1. The present writ petition has been filed seeking the following directions:
"(i) By and appropriate writ, order of direction, respondent authorities may kindly be directed to take immediate steps for termination of the pregnancy of the petitioner under the provisions of Medical Termination of pregnancy Act, 1971.
(ii) Direct the respondents to provide all facilities and post operative care to the petitioner (victim).
(iii) Any other appropriate order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner."(Downloaded on 15/05/2025 at 09:49:17 PM)
[2025:RJ-JD:23649] (2 of 4) [CW-10040/2025]
2. The facts disclosed that the petitioner is the victim of the alleged rape and she is now having the foetus of 28 weeks and there is no chance of termination of such foetus and, therefore, she seeks appropriate directions to take care of the safety of the petitioner(victim) as well as the child in the womb. In the similar facts and circumstances, this Court has passed the following directions in the interest of petitioner(victim) as well as the child whose rights herein.
3. The petitioner's case is also covered by the said writ petition i.e. S.B. Civil Writ Petition No.295/2025; therefore, the present writ petition is also can be disposed of in terms of the said directions containing para 8 of the aforesaid judgment. Para 8 of the said judgment reads as follows:
"8. Therefore, in view of the above, this Court is not inclined to give directions for termination of the pregnancy. Accordingly, the writ petition is disposed off with the following directions:
(i) The respondents are directed to provide the petitioner all necessary care, nutritious food and medical attendance before and after delivery.
(ii) The Superintendent of PBM Hospital, Ambedkar Circle, Bikaner is directed to ensure that all medical facilities are made available to the petitioner before and after delivery of the petitioner without payment of any nature and to ensure that the delivery takes place in a safe environment.
(iii) The privacy of the petitioner shall be maintained at all stages and her identity shall not be disclosed in the course of hospitalization, treatment and admission.
(iv) If the petitioner or her parents so wish, the child, on birth, may be handed over to the Child Welfare Committee of Bikaner and the petitioner/parents of the petitioner (Downloaded on 15/05/2025 at 09:49:17 PM) [2025:RJ-JD:23649] (3 of 4) [CW-10040/2025] shall fulfill all necessary documentation and all formalities as may be so required under the law for handing over custody of the child to the Child Welfare Committee.
(v) The Child Welfare Committee, Bikaner shall take care of all the needs and facilities of the child.
(vi) The Rajasthan State Legal Services Authority (RSLSA) as well as District Legal Services Authority (DLSA), Bikaner are directed to pay suitable amount of compensation to the petitioner who is a victim in terms of the provisions contained under the Rajasthan Victim Compensation Scheme, 2011 within a period of three months from the date of receipt of certified copy of this order and the amount of compensation be kept in Fixed Deposit in the name of the victim for a period of two years."
4. In the aforesaid circumstances, the present writ petition is disposed of with the following directions:
"8. Therefore, in view of the above, this Court is not inclined to give directions for termination of the pregnancy. Accordingly, the writ petition is disposed off with the following directions:
(i) The respondents are directed to provide the petitioner all necessary care, nutritious food and medical attendance before and after delivery.
(ii) The Superintendent of Umed Hospital, Jodhpur is directed to ensure that all medical facilities are made available to the petitioner before and after delivery of the petitioner without payment of any nature and to ensure that the delivery takes place in a safe environment.
(iii) The privacy of the petitioner shall be maintained at all stages and her identity shall not be disclosed in the course of hospitalization, treatment and admission.
(iv) If the petitioner or her parents so wish, the child, on birth, may be handed over to the Child Welfare Committee of Jodhpur and the petitioner/parents of the petitioner shall fulfill all necessary documentation and all formalities (Downloaded on 15/05/2025 at 09:49:17 PM) [2025:RJ-JD:23649] (4 of 4) [CW-10040/2025] as may be so required under the law for handing over custody of the child to the Child Welfare Committee.
(v) The Child Welfare Committee, Jodhpur shall take care of all the needs and facilities of the child.
(vi) The Rajasthan State Legal Services Authority (RSLSA) as well as District Legal Services Authority (DLSA), Jodhpur are directed to pay suitable amount of compensation to the petitioner who is a victim in terms of the provisions contained under the Rajasthan Victim Compensation Scheme, 2011 within a period of three months from the date of receipt of certified copy of this order and the amount of compensation be kept in Fixed Deposit in the name of the victim for a period of two years."
(MUNNURI LAXMAN),J 223s-PoonamS/-
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