The Allahabad High Court recently comprising of a bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla ordered a medical examination of a 12-year-old rape victim who is presently carrying 16 weeks of unwanted pregnancy and has asked the state government to bear the entire expenses. (Ms. X Thru. Her Legal Guardian Bharat Lal v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others)
The Bench ordered the KGMU Administration Lucknow to ensure admission of the victim girl and to conduct a medical examination, a report of which has to be presented before the court on or before September 14, 2022.
Facts of the case
The petitioner who is stated to be 12 years of age is a victim of rape. The termination of unwanted pregnancy is an issue that has cropped up before us in the present writ petition. As per the statement of the victim, pregnancy is 16 weeks.
Courts Observation and order
The bench at the very outset observed, "The Court lacks medical expertise for expressing an opinion in this regard. The KGMU, Lucknow is permitted to be impleaded as an opposite party during the course of the day. Let the victim be examined at KGMU, Lucknow at the earliest.
The victim is permitted to be taken to the KGMU, Lucknow immediately where she shall be admitted and subjected to the medical examination. Registrar, KGMU, Lucknow is hereby directed to ensure admission of the petitioner whose name shall remain undisclosed."
The bench further remarked, "The medical report upon the examination of the victim shall be placed before this court on or before 14.09.2022.
The guardian of the victim namely Bharat Lal shall ensure production of the victim at KGMU, Lucknow on 10.09.2022.
Compliance report shall be submitted by KGMU, Lucknow through the Chief Standing Counsel or the Standing Counsel appointed by the KGMU, Lucknow.
The Chief Medical Officer, Bahraich shall arrange for the transportation of the victim along with her guardian to KGMU, Lucknow.
Besides ensuring the arrangement, the expenditure for medical examination etc, expenditure for lodging of two persons and all others medical expenses incurred by the victim shall also be met with out of the state funds available."
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