Karnataka High Court
Smt Nagarathana D/O Durugamma vs The State Of Karnataka on 1 February, 2023
Bench: S.R. Krishna Kumar
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WP No. 100618 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 100618/2023 (GM-RES)
BETWEEN:
SMT NAGARATHANA D/O DURUGAMMA,
AGE : 40 YEARS, OCC COOLI,
R/O 5TH WARD, AMEBKAR NAGAR, KAMALAPUR,
TQ. HOSPETE, DIST VIJAYANAGARA.
- PETITIONER
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HEALTH
AND FAMILY WELFARE,
M.S BUILDING ,BANGALORE-01.
2. THE DISTRICT SURGEON,
DISTRICT HOSPITAL,
BALLARI-583 104.
3. THE CHILD WLEFARE COMMITTEE,
Digitally signed by BALLARI, BEHIND NCC GROUND,
CHANDRASHEKAR
LAXMAN
CANTONMENT, BALLARI-583104,
KATTIMANI REP BY ITS PRESIDENT.
Location: High
Court of - RESPONDENTS
Karnataka,
Dharwad (BY SRI. PRASHANT V. MOGALI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO I) ISSUE WRIT OF MANDAMUS
PERMITTING THE PETITIONER TO TERMINATE ONGOING PREGNANCY
OF HER MINOR DAUGHTER THROUGH 2ND RESPONDENT OR BY A
REGISTERED MEDICAL PRACTIONER AT ANY APPROVED PRIVATE OR
GOVERNMENTS CENTER OR HOSPITAL & ETC.
THIS WRIT PETITION/APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 100618 of 2023
ORDER
In this writ petition, the petitioner has sought for the following
reliefs.
i) Issue writ of mandamus permitting the petitioner to
terminate ongoing pregnancy of her minor daughter
through 2nd respondent or by a registered medical
practitioner at any approved private or governments center
or hospital;
ii) Pass such other orders as this Hon'ble Court deems fit in
the facts and circumstances of the case.
2. On 31.01.2023, this Court passed the following order.
"Learned HCGP on instructions submits that if the petitioner
approaches respondent No.2/District Surgeon today during the
course of the day, respondent No.2 would take necessary steps to
constitute a committee to examine the petitioner's daughter-
Arunajyothi with regard to her claim for termination of her
pregnancy and submit report in this regard on or before the next
date of hearing.
Submission of learned HCGP is placed on record.
Accordingly, respondent No.2 is directed to take necessary steps
to form/constitute a committee to examine the daughter of the
petitioner and submit report as regards feasibility of termination of
pregnancy on 01.02.2023.
Relist on 01.02.2023 at 2.30 p.m.
Registry to issue copy of this interim order to the learned
HCGP as well as learned counsel for the petitioner forthwith."
WP No. 100618 of 2023
3. Pursuant thereto, the learned HCGP has filed a memo along
with the communication dated 01.02.2023 enclosing a copy of the
report of the committee which has opined that the pregnancy of the
petitioner's daughter can be terminated subject to the terms and
conditions mentioned in the report. The said communication
contains the report which reads as under:
"Department of Radio diagnosis MCH VIMS Ballari.
Single normal intrauterine live gestation in longitudinal lie with
cephalic presentation with sonographic gestational age of 27
weeks & 5 days +/- 2 weeks as on 01.02.2023.
Opinion: Based on the above history and examination and
investigation of Kum.Aruna yothi, aged 15 years, D/o Nagarathna,
Ward No. 5, Kenchamma Temple, Kamalapura, Hospet (Tq.),
Ballari (D) is finally opined that Kum. Aruna Jyothi, 15 years is
pregnant with gestational age of 27 weeks and 5 days +/- 2 weeks
as on 01.02.2023.
After detailed history and examination of Kum. Aruna Jyothi we
are of the opinion that she is fit for termination of pregnancy and
the same is feasible."
4. In view of the aforesaid facts and circumstances and report of
the committee coupled with the judgment passed by a coordinate
Bench of this Court in Kumari 'D' vs., The State of Karnataka and
Others in Writ Petition No.104344/2021 disposed off on
17.11.2021, I am of the considered view that the petitioner would
WP No. 100618 of 2023
be entitled to get pregnancy of her daughter terminated in terms of
the report. In the result, I pass the following:
ORDER
Petition is allowed and disposed off in terms of the opinion of
the committee referred to supra.
Respondent No.2 is directed to forthwith ensure medical
termination of pregnancy of Kumari 'X' (name of the petitioner is
mentioned as 'X' for the sake of confidentiality) in accordance with
the provisions of the Medical Termination of Pregnancy Act, 1971.
It is further directed that upon termination of the pregnancy
the 2nd respondent shall ensure that the foetus/abortus is preserved
for DNA testing etc.
A copy of this order to be furnished to the parties forthwith.
SD
JUDGE
BVV
