Bharatiben D/O Galabhai @ ... vs State Of Gujarat
2021 Latest Caselaw 1849 Guj

        R/SCR.A/1640/2021                                    ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 1640 of 2021

==========================================================
     BHARATIBEN D/O GALABHAI @ GOVINDBHAI PARMAR THRO
       MANJULABEN W/O GALABHAI @ GOVINDBHAI PARMAR
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS URMILA N DESAI(5609) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. M.H. BHATT, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 09/02/2021

                             ORAL ORDER

Rule returnable forthwith. Learned APP waives service of

notice for and on behalf of the respondents.

By way of present application, the applicant has prayed to

permit the minor victim girl Bharti daughter of Galabhai @

Govindbhai Parmar ie. daughter of the present applicant to get

her pregnancy terminated, after taking medical opinion from

any Government Hospital as well as requested to direct the

respondent no.3 ie. Incharge Medical Officer/Medical

Superintendent, Department of OBGY, G.G./Govt. Hospital,

District Jamnagar or any other Government Hospital to

undertake necessary medical tests of victim girl Bharti

R/SCR.A/1640/2021 ORDER

daughter of Galabhai @ Govindbhai Parmar about her

physical and medical fitness to undergo termination of

pregnancy as required under the Medical Termination of

Pregnancy Act, 1971 and to submit report thereof before this

Court with immediate effect for its subjective satisfaction as

well as to direct the respondent no.3 ie. Incharge Medical

Officer/Medical Superintendent, Department of OBGY,

G.G./Govt. Hospital, District Jamnagar or any other

Government Hospital to examine the girl Bharti daughter of

Galabhai @ Govindbhai Parmar, by two registered medical

practitioners so also the opinion formed in good faith with

certification to be reported to this Court as required under

Section 3(2)(b) of the Medical Termination of Pregnancy Act,

1971.

Heard learned advocate for the applicant and learned APP

for the respondents.

Having heard learned advocate for the applicant as well

as learned APP for the respondents, it appears that the

applicant approached the learned lower court by way of

Criminal Misc. Application No. 214 of 2021 for the same

prayer wherein while considering the report submitted by

R/SCR.A/1640/2021 ORDER

panel doctors, the learned Additional District and Sessions

Judge and Special Judge (POCSO) Jamnagar was pleased to

reject the said application and in the said judgment, the report

of panel doctors, Court has observed as under:

"As per clinical and ultrasound examination, the victim

(who is aged 13 years and 09 months) carries pregnancy

of 22 weeks. Besides, the opinion of panel doctors clearly

cautions the court that the age of the victim is just 13

years old and that age factor itself multiplies the

complications as regards termination of pregnancy many

folds. This unambiguous pointed of the danger to the

victim coupled with the period of pregnancy."

Learned advocate for the applicant has requested to pass

necessary direction to respondent to take proper care of the

girl, provide necessary medical treatment, arrangements for

delivery, accommodation in G. G. Government Hospital,

nutritious food at the expenses of the State.

Learned APP for the respondents has submitted that if the

Court deems fit necessary, direction can be issued as requested

by the learned advocate for the applicant.

Considering the conclusion of the learned lower court

R/SCR.A/1640/2021 ORDER

incorporating the opinion of the panel doctors as well as

submissions of learned advocate for the applicant and learned

APP for the respondents, the prayer of permitting the minor

victim girl Bharti daughter of Galabhai @ Govindbhai Parmar

ie. daughter of the present applicant to get her pregnancy

terminated, stands rejected.

The respondent no.3 shall provide the victim-girl all

possible medical treatments and shall conduct necessary tests

which would also include the counseling by

psychologist/Psychiatric and shall also provide requisite

medicines and nutritious food.

At the time of delivery, the victim girl will be referred to

G. G. Government Hospital, Jamnagar, wherein her delivery,

treatment and and necessary care shall be taken by the

Superintendent of G. G. Government Hospital, Jamnagar.

The Superintendent of G. G. Government Hospital,

Jamnagar is directed to ensure the periodical check up of the

victim-girl in the G. G. Government Hospital, Jamnagar. For

the present, the victim-girl may get herself checked up

periodically in the G. G. Government Hospital, Jamnagar. The

Superintendent of G. G. Government Hospital, Jamnagar shall

R/SCR.A/1640/2021 ORDER

see to it that 10 days before the due date, she is brought to the

G. G. Government Hospital, Jamnagar, and delivers the baby in

the G. G. Government Hospital, Jamnagar.

The medical experts of the G. G. Government Hospital,

Jamnagar are requested to provide all the facilities including

counseling, etc. They are also requested to reserve a special

room for the victim and her family members as required at the

appropriate time. If the victim-girl and her family informs the

authorities about their unwillingness to keep the child, then

the efforts should be made to make necessary arrangement for

the adoption of child by involving the concerned officials for

the adoption of child from the Central Adoption Resource

Authority (CARA) or any other recognized Institution. All the

expenses incurred in this regard shall be borne by the

Department of the Health and Family Welfare, State of Gujarat.

The Principal Secretary of the Department of Health and

Welfare, Government of Gujarat shall immediately release a

sum of Rs.50,000/- (Rupees Fifty Thousand only) in the

account of the father/mother of the victim-girl for food and

medical expenses. If the father of the victim-girl has no bank

account, then the amount shall be paid accordingly. This Court

R/SCR.A/1640/2021 ORDER

makes it clear that the parents of the victim-girl can approach

the State Legal Service Authority if there is any further

requirement in this regard.

With aforesaid directions, present application stands

disposed of.

Rule is made absolute to the aforesaid extent.

Registry is directed to send a copy of this order to the

Incharge Medical Officer/Medical Superintendent,

Department of OBGY, G.G./Govt. Hospital, District Jamnagar ;

learned APP for the respondents and Secretary, High Court

Legal Services Committee, Gujarat High Court, Sola,

Ahmedabad.

(B.N. KARIA, J) K. S. DARJI