Gujarat High Court
Abc Victim vs State Of Gujarat on 13 September, 2021
Bench: Ilesh J. Vora
R/SCR.A/8844/2021 ORDER DATED: 13/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8844 of 2021
=========================================
=================
ABC VICTIM
Versus
STATE OF GUJARAT & 2 other(s)
=========================================
=================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR PV PATADIYA(5924) for the Applicant(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2,3
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
=========================================
=================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 13/09/2021
ORAL ORDER
1. On 08.09.2021, this Court passed following order:-
"1. Notice, returnable on 13.09.2021. Ms. Krina Calla, learned APP
waives service of Notice for the respondent - State.
2. Meanwhile, a detailed medical report needs to be called for
before permission of termination of pregnancy is acceded to and
therefore, the Medical Superintendent, Civil Hospital/Pandit
Dindayal Upadhyay Medical College & Hospital, Rajkot, Rajkot, is
directed to examine the victim (minor) by a panel of senior-most
Gynecologists of Civil Hospital/Pandit Dindayal Upadhyay Medical
College & Hospital, Rajkot. The aforesaid team of doctors shall
examine the victim tomorrow i.e. on 09th September, 2021 and
after an interaction with her, shall give in writing opinion at the
earliest, bearing in mind the advanced stage of pregnancy and
her physical and mental condition, whether there will be a
substantial risk to the life of the victim, if the child would born as
well as to ascertain whether termination of pregnancy medically
feasible considering the fact that, she allegedly victim of rape and
her guardian intent to terminate her pregnancy. The doctors
concerned shall follow settled guidelines to know her mental and
physiology mental preparedness.
R/SCR.A/8844/2021 ORDER DATED: 13/09/2021
3. Copy of this order be mailed to learned advocates appearing
for both the sides for onward communication. Registry is directed
to mail this order to Medical Superintendent of Civil
Hospital/Pandit Dindayal Upadhyay Medical College & Hospital,
Rajkot and Paddhari Police Station, Rajkot (Rural) today itself. It is
directed that, Police Inspector, Paddhari Police Station shall
depute one woman constable escorting the victim for necessary
examination at Hospital. Direct service is permitted today."
2. As per the above order, a report dated 09.09.2021 is prepared
by the Medical Superintendent, Civil Hospital/Pandit Dindayal
Upadhyay Medical College & Hospital, Rajkot, which is taken on
record. From the said report, it is evident that the petitioner is
having 22 weeks and one day pregnancy.
3. Rule. Learned APP waives service of rule for and on behalf of
the respondent-State.
4. Ms. Krina Calla, learned APP has pointed out that medical advice
is against the present petitioner since the pregnancy is at advance
stage and it would be injurious to both the petitioner and the child.
5. However, Mr. Patadiya learned advocate for the petitioner
strongly urged, upon the instructions of his client that the petitioner
is a victim and she may be allowed to abort the child at her own
risk, and he has placed reliance upon the judgment dated
13.08.2019 passed by Hon'ble Bombay High Court in Writ Petition
No.8772 of 2019.
6. On the overall consideration of the matter on record, it appears
that since the petitioner is desirous of termination of pregnancy at
her own risk, the petitioner is permitted to undergo medical
termination of pregnancy at Civil Hospital/Pandit Dindayal Upadhyay
Medical College & Hospital, Rajkot. Accordingly, the Dean of Civil
Hospital/Pandit Dindayal Upadhyay Medical College & Hospital,
Rajkot is requested to arrange for the procedure of medical
R/SCR.A/8844/2021 ORDER DATED: 13/09/2021
termination of pregnancy of petitioner at the earliest.
7. It is clarified to the learned advocate for the petitioner and the
petitioner also about the risk factors involved and that petitioner
shall undergo the procedure of medical termination of pregnancy at
her own risk. It is further made clear that the doctors, who have put
their opinion on record, shall have the immunity in the event of
occurrence of any litigation arising out of the instant Petition. 11.
Rule is accordingly made absolute. There shall be no orders as to
costs. All concerned including the Dean of Civil Hospital/Pandit
Dindayal Upadhyay Medical College & Hospital, Rajkot shall act
accordingly. The present petition is accordingly disposed of.
Direct service is permitted today.
(ILESH J. VORA,J)
SUCHIT
