The Single Judge Bench of the Patna High Court comprising Justice Anil Kumar Sinha in the case of Miss K Through Her Mother v. State of Bihar has permitted the guardian of minor rape victim for termination of pregnancy.
Background of the Case
The petitioner’s daughter is a minor girl aged about 16 years nine months and was kidnapped by the accused person namely, Ajay Kumar Pal and was kept under illegal confinement by the accused persons. Later the daughter of the petitioner was recovered and was medically examined and the Doctor has opined that victim girl is having a pregnancy of nine weeks at the time of her medical examination.
Submission of the Petitioner
The counsel on the behalf of the Petitioner has submitted that the minor girl is victim of sexual abuse and is carrying the pregnancy of about 13 weeks. The Counsel made submission that Section 3 of the Medical Termination of Pregnancy Act, 1971 that as per Section 3(b)(i)(ii) Explanation 2, the termination of pregnancy of the petitioner is permitted inasmuch as the minor, being a rape victim. He further submitted the judgment of Hon’ble Apex Court named Suchita Srivastava and Another v. Chandigarh Administration in which the Court held that woman’s right to make reproductive choices is also a dimension of “personal liberty” as understood under Article 21 of the Constitution of India and the termination of a pregnancy is only permitted when the conditions specified in the applicable statute have been fulfilled.
Submission of the Respondent
The learned Government Pleader appearing for the State has submitted that the age of the victim is 19 years and she was found pregnant with 9 weeks 0 day pregnancy as on 11.3.2022 and as of today, the pregnancy of the victim girl is about 13 weeks. Accordingly, the length of pregnancy is not exceeding 20 weeks and the same can be terminated with the consent of the mother of the victim by the two registered Medical Practitioners.
Reasoning and Decision of the Court
The Court considered the facts of the case and expounded that from a plain reading of the provisions of the Medical Termination of Pregnancy Act, 1971, particularly, Section 3 of the Act, it appears that with the consent of pregnant woman or the guardian in case of minor, the pregnancy can be terminated by two registered Medical Practitioners, where the length of pregnancy does not exceed 24 weeks.
The Court perused the prayer of the minor’s mother who claims that the victim girl is a minor and she is ready and willing to give her written consent for termination of pregnancy.
The Court also made the perusal of the case laws submitted by the petitioner and observed that the victim, Miss K., along with her mother, reports to the Superintendent, Darbhanga Medical College and Hospital, it is directed that a board of two registered Medical Practitioners shall be constituted by the Superintendent, Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga, forthwith, which will take a decision immediately for termination of the pregnancy of the victim, Miss K., and the same will be terminated in accordance with the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971.
Therefore, the Court allowed the petition and ordered the Registry to communicate the order to the Superintendent, Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga, through fax/email, immediately.
Case Details
Case: - Civil Writ Jurisdiction Case No.4612 of 2022
Petitioner - Miss K Through Her Mother (pseudoname)
Respondent - The State of Bihar & Ors
Judge: Justice Anil Kumar Sinha
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