Allahabad High Court
X Thru. Her Mother / Natural Guardian ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 22 May, 2024
Bench: Vivek Chaudhary, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:38919-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 3391 of 2024
Petitioner :- X Thru. Her Mother / Natural Guardian Smt. Sheela
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Health And Family Welfare Lko. And Others
Counsel for Petitioner :- Rama Pati Shukla,Ambrish Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri R.P. Shukla, learned counsel for petitioner, learned A.G.A. for State and perused the record.
On 13.05.2024, this Court passed following order :-
"Heard learned counsel for petitioner and learned A.G.A. for State.
The present writ petition has been filed by a rape victim through her legal guardian claiming the following relief :-
"i. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties to constitute the medical board to assess as to whether there will be peril to the life of the petitioner or not, if, the pregnancy is terminated after the period of sixteen-weeks (16 weeks) from last LMP i.e. 05/01/2024.
ii. Issue, writ, order or direction in the nature of MANDAMUS commanding the Opp. Party No.04 to get terminated the pregnancy of the Victim/Petitioner in accordance with the appropriate medical procedure keeping her the health and life in consideration."
It is stated that the petitioner is a minor girl who was subjected to rape which led to filing of a First Information Report dated 07.01.2024 bearing Case Crime No. 0010 of 2024 under Section 363 I.P.C. Police Station - Kotwali Ayodhya, District -Ayodhya. Subsequently, offences under the POCSO Act, 2012 and Section 366 & 376(3) I.P.C. were also added. According to the counsel for petitioner, petitioner was subjected to medical examination on 15.04.2024, according to which, she declared pregnant. She does not want to continue with the pregnancy and wants to get the pregnancy terminated which has occurred consequent to the aforesaid incident /offence.
Considering the facts of the case as noticed herein above, we order Vice Chancellor, K.G.M.U. to constitute a medical Board for medical examination of the petitioner which shall determine the age of the foetus and the feasibility of termination of her pregnancy. Since petitioner is a minor girl, aged around 14 years, hence, the medical Board shall consist at least of one psychologist, one gynecologist and other experts, as they may require, having expertise in dealing with such matters. The petitioner shall appear before the Registrar K.G.M.U. on 15.05.2024. The Board shall conduct the medical examination on the said date upon petitioner and submit its report within one week. While conducting the medical examination, the Board shall keep in mind that as there is a criminal case pending, therefore, DNA of the foetus will have to be preserved for the purposes of investigation and thereafter, trial, if the occasion so arises. The Police Station where FIR has been lodged and investigation is pending would also have to be informed. Once the report of the Board is received, we can pass necessary orders in this regard.
The Medical Board constituted aforesaid shall not only ascertain the pregnancy and age of the foetus but also as to whether the mental and physical condition of the alleged victim is such as to permit undertaking the exercise of termination of pregnancy and whether there is any impediment in this regard and is there any danger to her life if such an exercise is done. The Medical Board shall ensure the medical examination of the petitioner and submission of report of the medical Board in this regard before this Court by the next date.
The matter shall now come up before this Court on 22.05.2024 at 02.15 P.M."
In pursuance of our earlier order, Shri Shubham Tripathi, learned Standing Counsel of the King Georg's Medical University, Lucknow has submitted the report of Medical Board in a sealed envelop which was required under the order of this court dated 13.05.2024, the same is taken on record.
We have gone through the report. The report of the Medical Board dated 15.05.2024 states that the fetus is of 18 weeks and 03 days and, therefore, abortion is medically feasible.
Learned counsel for the petitioner has placed reliance upon the judgment of Hon'ble Supreme Court passed in Civil Appeal No.5194 of 2024 A (Mother of X) Vs. State of Maharashtra and other, decided on 29.04.2024, MANU/SC/0411/2024, which permits the abortion till the age of 28 weeks.
Accordingly, We direct the Chief Medical Officer, Ayodhya to arrange for an ambulance to bring the victim and her mother to the King Georg's Medical University, Lucknow and after discharge from the hospital to bring her back to her home whenever she is discharged. The victim shall appear before the Chief Medical Superintendent/Chairman of Medical Board at Gandhi Memorial and Associated Hospital, which is the part of the King Georg's Medical University, Lucknow between 27.05.2024 to 31.05.2024.
The Chief Medical Superintendent/Chairman of Medical Board at Gandhi Memorial and Associated Hospital, King Georg's Medical University, Lucknow shall ensure that termination of pregnancy is carried out within one or two days after the admission of the petitioner, as medically required.
The Senior Superintendent of Police, Ayodhya shall ensure that a lady constable accompanies the petitioner and her mother and is present during the entire procedure, so that the D.N.A. sample of the fetus can be preserved in accordance with procedure prescribed in law and it shall be handed over to the Investigating Officer for sending the same to the concerned Forensic Science Laboratory/concerned Laboratory.
It is advised that if psychiatric help is needed, such help shall be provide to the petitioner at the government expenses.
Shri Shubham Tripathi, Advocate and learned A.G.A., who appears for the State/respondents shall ensure communication of this order today itself to all the concerned forthwith.
With the above direction, the writ petition stands disposed of.
.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)
Order Date :- 22.5.2024
ML/-
