Sakriben Jangaliyabhai ... vs State Of Gujarat
2022 Latest Caselaw 10025 Guj

   R/SCR.A/12767/2022                               ORDER DATED: 13/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 12767 of 2022

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   SAKRIBEN JANGALIYABHAI SEGLABHAI DHANAK @ ADIVASI ON
          BEHALF OF PUNIBEN JANGALIYABHAI DHANAK
                           Versus
                     STATE OF GUJARAT
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Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 13/12/2022

                             ORAL ORDER

1. On 07.12.2022, this Court passed following order:-

"1. Notice, returnable on 13.12.2022. Ms. Moxa Thakkar, 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, Morbi, is directed to examine the victim (minor) by a panel of senior-most Gynecologists of Civil Hospital, Morbi. The aforesaid team of doctors shall examine the victim on 09th December, 2022 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/12767/2022 ORDER DATED: 13/12/2022

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, Morbi and Halvad Police Station, Dist. Morbi, today itself. It is directed that, Police Inspector, Halvad 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 09.12.2022 is prepared by the Gynecologists, General Hospital, Morbi, which is taken on record. From the said report, it is evident that the petitioner is having 19 weeks and 5 days pregnancy.

3. Rule. Learned APP waives service of rule for and on behalf of the respondent-State.

4. Ms. Thakkar, 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, Ms. Chauhan, learned advocate for the petitioner strongly urged, upon the instructions of his client that the petitioner is a mother of victim and she may be allowed to abort the child at her own risk, and she 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 of her daughter at her own risk, the victim is permitted to undergo medical termination of pregnancy at General Hospital, Morbi. Accordingly, the Dean/Head of General Hospital, Morbi is requested

R/SCR.A/12767/2022 ORDER DATED: 13/12/2022

to arrange for the procedure of medical termination of pregnancy of victim 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 victim 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. Rule is accordingly made absolute.

8. All concerned including the Medical Superintendent, General Hospital, Morbi shall act accordingly. The present petition is accordingly disposed of. Direct service is permitted today.

(ILESH J. VORA,J)

SUCHIT