Justice Pranay Verma allowed the termination of pregnancy of a minor girl who was raped as per the provisions of the MTP Act of 1971. He also gave directions to the Director of a Hospital in Indore to carryout the procedure in presence of different Heads of Departments and Specialists and the State of Madhya Pradesh through the Collector of Indore was directed to bear all the expenditure and to ensure post-operative care.
Brief Facts:
The present Writ Petition has been filled been filed by the petitioner ‘X’, who is a minor and a victim of rape, through her legal guardian, her mother to seek permission of termination of pregnancy in view of the Medical Termination Pregnancy Act, 1971.
Observations of the Court:
As per the report called from the Medical Board the pregnancy of the petitioner ‘X’ can be terminated with the permission of the court. Hence, the court noted the relevant provisions of the Medical Termination of Pregnancy Act, 1971 in light of the facts and circumstances of the case. And as per the Section 3, which talks about the conditions when pregnancies may be terminated by registered medical practitioners and Section 5(1), which talks about the conditions when section 3 and 4 does not apply, the court formed their opinion about allowing the termination of the pregnancy of the petitioner ‘X’. The pregnancy of the petitioner ‘X’ was terminated and the joint director-cum-Superintendent of M.Y. Hospital, Indore was directed to carry out the termination of the pregnancy. Further, the Heads of the Department of Gynaecology and Anaesthesia were directed to be present at the time of the termination of pregnancy with all other specialists since the petitioner ‘X’ is of tender age. Directions were also given to the State of Madhya Pradesh to ensure post-operative care of the petitioner 'X', and the expenditure in respect of the termination was to be borne by the State of M.P. through Collector, Indore and the DNA of the fetus was directed to be preserved for DNA analysis.
Decision of the Court:
With the aforementioned directions, the petition was allowed.
Case Title: Ku. X Thru. Natural Guardian Smt. Reena Sisodiya vs The State of Madhya Pradesh and Ors.
Coram: Hon’ble Shri Justice Pranay Verma
Case No.: Writ Petition No. 1561 of 2023
Advocate for the Petitioner: Adv. Ms. Rekha Shrivastava
Advocate for the Respondent: Deputy Government Adv. Shri Gourav Singh Chouhan
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