Karnataka High Court
Ms. Xxxx vs The State Of Karnataka on 7 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:19891
WP No. 623 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 623 OF 2024 (GM-RES)
BETWEEN:
MS. XXXX
AGED ABOUT 13 YEARS
REPRESENTED BY HER FATHER
AND NATURAL GUARDIAN MR SYED AHMED
AGED ABOUT 55 YEARS
S/O MR BUDAN SAHEB
RESIDING AT SANNA BYANAD KERI
SHIRALAKOPPA, SHIKARIPURA TALUK
SHIVAMOGGA DISTRICT
KARNATAKA 577428
...PETITIONER
(BY SMT. NIDHISHREE B V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHIRALAKOPPA POLICE STATION
Digitally signed by SHIKARIPURA SUB DIVISION
VEDAVATHI A K
Location: High
SHIVAMOGGA 577428
Court of
Karnataka
2. SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SAGAR ROAD, MISSION COMPOUND
SHIVAMOGGA, KARNATAKA 577201
REPRESENTED BY ITS MEDICAL SUPERINTENDENT.
3. MCGANN TEACHING DISTRICT HOSPITAL
SAGAR ROAD, MISSION COMPOUND
SHIVAMOGGA, KARNATAKA 577201
REPRESENTED BY ITS MEDICAL SUPERINTENDENT.
4. THE DISTRICT LEGAL SERVICES AUTHORITY,
SHIVAMOGGA, THIRD FLOOR
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NC: 2024:KHC:19891
WP No. 623 of 2024
NEW ANNEX BUILDING
DISTRICT COURT COMPLEX
SHIVAMOGGA 577201
EMAIL [email protected]
REPRESENTED BY ITS MEMBER SECRETARY
5. THE DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT
GOVERNMENT OF KARNATAKA
(THROUGH THE KARNATAKA STATE INTEGRATED
CHILD PROTECTION SOCIETY)
M S BUILDING, BENGALURU 560001
REP. BY ITS PRINCIPAL SECRETARY
6. THE CHILD WELFARE COMMITTEE (CWC) SHIVAMOGGA
C/O DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT, SHIVAMOGGA
ALKOLA, SHIVAMOGGA
KARNATAKA 577204
7. DISTRICT CHILD PROTECTION UNIT,
SHIVAMOGGA
OBSERVATION HOME BUILDING
100 FEET ROAD, HALKOLA
SHIVAMOGGA 577204
EMAIL [email protected]
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R1 & R5.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AND 3 -
MCGANN TEACHING DISTRICT HOSPITAL, SHIVAMOGGA, TO
ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS
TO TERMINATE THE PREGNANCY ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks the following reliefs:
NC: 2024:KHC:19891
" A. Issue a Writ of Mandamus or any other appropriate
Writ, order or direction, directing the second and third
respondents - McGANN Teaching District Hospital,
Shivamogga, to admit the petitioner and take
necessary medical steps to terminate the pregnancy;
B. Issue a Writ of Mandamus or any other appropriate
Writ, order or direction directing the third respondent-
McGANN Teaching District Hospital, Shivamogga to
preserve the terminated foetus/product of conception
for the purpose of DNA testing and analysis;
C. Issue a Writ of Mandamus or any other an
appropriate Writ, order or direction directing the first
respondent - Shiralakoppa Police Station, to take any
and all steps to conduct DNA tests at the Regional
Forensic Science Laboratory, Eastern Range
Doddabathi, Davanagere or at the State Forensic
Laboratory, Madivala, Bengaluru of the terminated
foetus/product of conception for the purpose of
investigation and trial in crime No.0280/2053 on the file
of the first respondent produced as Annexure -B;
D. Issue a Writ of Mandamus or any other an
appropriate Writ, order or direction directing the fourth
respondent - District Legal Services Authority,
Bengaluru to disburse a sum of Rs.3,00,000/- (Rupees
Three Lakhs only) to the petitioner under the Karnataka
Victim Compensation Scheme, 2011;
NC: 2024:KHC:19891
E. Issue a Writ of Mandamus or any other an
appropriate Writ, order or direction directing the fifth
respondent- Karnataka State Integrated Child
Protection Society, to disburse a s um of Rs.75,000/-
(Rupees Seventy Five thousand only) and /or any other
further amounts to the petitioner in order for her to
meet the expenses of medical treatments, counseling
services, and any other medical care as she may
require;
F. Grant such or other reliefs as this Hon'ble Court
deems fit in the facts and circumstances of the above
case as also compensation for her losses and costs in
the above, in the interests of justice and equity."
2. Heard the learned counsel for the petitioner and
learned AGA for respondents and perused the material on record.
3. In addition to reiterating the various contentions urged
in the petition and referring to the material on record, learned
counsel appearing for the petitioner invited my attention to the
interim order dated 10.01.2024 in order to point out that directions
were issued to examine whether premature termination of
pregnancy was permissible. In this context, it is submitted that
subsequent to the said order, the child has been delivered by the
petitioner and as such, prayer Nos. A and B sought for by the
NC: 2024:KHC:19891
petitioner do not survive for consideration any longer. It is also
submitted that due to passing over of the child upon premature
delivery, prayer No.C sought for by the petitioner also does not
survive any more. It is further submitted that insofar as prayer Nos.
D and E are concerned by which the petitioner seeks direction to
respondent Nos. 4 and 5 to disburse a sum of Rs.3,75,000/-
(Rupees Three lakhs seventy five thousand only) in terms of the
Karnataka Victims Compensation Scheme, 2011, necessary
directions may be issued to respondent Nos. 4 and 5 in this regard
and the petition be disposed of accordingly.
4. In support of her contention, learned counsel for
petitioner place reliance upon the following judgments of this Court
passed namely :
(i) WP No.376/2019 decided on 04.02.2019 in the case of
Miss L vs. State of Karnataka represented by its Principal
Secretary and others reported in 2019 SCC online KAR
3520,
(ii) WP No.29562/2019 decided on 19.07.2019 in the case of
Jyothi N vs. State of Karnataka, Rep by Chief Secretary and
Others reported in 2019 SCC online KAR 1222
NC: 2024:KHC:19891
(iii) WP.No.112958/2019 decided on 26.08.2019 in the
case of Miss. A vs. The State of Karnataka, Department
of Health and Family Welfare and Others reported in
ILR 2020 KAR 272.
5. Per contra, learned AGA for respondent submits that
this Court may be proceed to pass appropriate orders taking into
consideration the facts and circumstances and judgments relied
upon by the petitioner.
6. In view of the facts and circumstances, I pass the
following:
ORDER
a. Prayer Nos. A,B and C sought for by the
petitioner do not survive for consideration
any longer and the same are hereby
disposed as having become infructuous;
b. Respondent No.4 is directed to pay a sum of
Rs.3,00,000/- (Rupees Three lakhs only) in
favour of the petitioner under Karnataka
Victims Compensation Scheme, 2011 within
a period of six weeks from today.
NC: 2024:KHC:19891
c. Respondent No.5 is directed to pay a sum of
Rs.75,000/- (Rupees Seventy five thousand)
to the petitioner within a period of six weeks
from today.
Subject to the above said direction, the petition stands
disposed of.
Sd/-
JUDGE
SSD
