Gujarat High Court
Rajuben Kanabha Manek Through ... vs State Of Gujarat on 6 May, 2022
Bench: Ilesh J. Vora
R/SCR.A/4751/2022 ORDER DATED: 06/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4751 of 2022
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RAJUBEN KANABHA MANEK THROUGH KANABHA SAJABHA MANEK
Versus
STATE OF GUJARAT
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 06/05/2022
ORAL ORDER
1. On 04.05.2022, this Court passed following order:-
1. Notice, returnable on 06.05.2022. 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, in-charge Medical Officer/Medical Superintendent, Guru
Govind Hospital, Pandit Nehru Marg, Jamnagar, is directed to
examine the victim (minor) by a panel of senior-most
Gynecologists of the hospital. The aforesaid team of doctors shall
examine the victim tomorrow i.e. on 05th May, 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.
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 in-charge Medical Officer/Medical
Superintendent, Guru Govind Hospital, Pandit Nehru Marg,
Jamnagar today itself. It is directed that, Police Inspector, Dwarka
Police Station, Dist. Devbhoomi Dwarka, shall depute one woman
constable escorting the victim for necessary examination at
Hospital.
R/SCR.A/4751/2022 ORDER DATED: 06/05/2022
Direct service is permitted today. "
2. As per the above order, a report dated 05.05.2022 is prepared by
the Associate Professor & in charge of Head of Department, Obs.
and Gynec Dept. G.G Hospital, Jamnagar, which is taken on record.
From the said report, it is evident that the petitioner is having 27
weeks 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, 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 Associate Professor & in charge of Head
of Department, Obs. and Gynec Dept. G.G Hospital, Jamnagar.
Accordingly, the Dean/Head of Dept./Associate Professor & in charge
of Head of Department, Obs. and Gynec Dept. G.G Hospital,
Jamnagar is requested to arrange for the procedure of medical
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
R/SCR.A/4751/2022 ORDER DATED: 06/05/2022
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. There shall be no orders as to costs. All
concerned including the Associate Professor & in charge of Head of
Department, Obs. and Gynec Dept. G.G Hospital, Jamnagar shall act
accordingly. The present petition is accordingly disposed of.
Direct service is permitted today.
(ILESH J. VORA,J)
SUCHIT
