Karnataka High Court
Shivabasappa S/O Rudrappa Angadi vs The State Of Karnataka on 12 November, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:16550
WP No. 106568 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 106568 OF 2024 (GM-RES)
BETWEEN:
SHIVABASAPPA S/O. RUDRAPPA ANGADI,
AGE: 49 YEARS, OCC: COOLIE,
R/O. SANGUR VILLAGE,
TQ: AND DIST: HAVERI-581115.
...PETITIONER
(BY SRI. RAGHAVENDRA A. PUROHIT, 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, HAVERI,
DIST: HAVERI-581115.
MALLIKARJUN
RUDRAYYA 3. THE CHILD WELFARE COMMITTEE,
KALMATH
HAVERI, ASHWINI NAGAR,
Location: HIGH
COURT OF HAVERI, DIST: HAVERI-581110.
KARNATAKA
DHARWAD ...RESPONDENTS
BENCH
(BY SRI. V.S. KALASURMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE
OF MANDAMUS PERMITTING THE PETITIONER TERMINATE ONGOING
PREGNANCY OF HER MINOR DAUGHTER THROUGH RESPONDENT
NO.2 OR BY A REGISTERED MEDICAL PRACTITIONER ANY APPROVED
PRIVATE OR GOVERNMENT CENTER OR HOSPITAL IN THE INTEREST
OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:16550
WP No. 106568 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
This is an unfortunate case of 13 years old young
female child, who is before this Court seeking permission
for medical termination of pregnancy, a spine chilling and
heart wrenching tale of 13 years old girl who is the
daughter of petitioner. Petitioner's daughter was taken to
the Hospital complaining about her irregular menstrual
cycle, during which time shockingly petitioner came to
know about the pregnancy of his minor daughter.
Petitioner lodged a complaint before the Adur Police
Station in Crime No.173/2024 against the accused for the
offences punishable under Sections 12, 4, 8 and 6 of the
Protection of Children from Sexual Offences Act, 2012 and
Sections 367(2)(n), 376(2)(i) and 376(2)(f) of IPC.
Pursuant to clinical check up and treatment, it was
revealed to the petitioner that his minor daughter (victim
girl-X) is 24 weeks and 4 days of pregnant gestation.
Daughter of the petitioner is 13 years old.
NC: 2024:KHC-D:16550
2. In view of unforeseen, unwanted pregnancy the
minor girl is not willing to beget the child at this stage and
considering her age and health condition, petitioner has
filed this petition seeking permission of this Court to abort
the feotus by way of medical termination of pregnancy
(MTP). In this context, the petitioner approached the 3rd
respondent-Child Welfare Committee, Haveri District for
conducting MTP, which was rejected. Hence, the petitioner
is before this Court. The victim minor girl (X) is a school
going child and the petitioner is her single parent and he
does not want his daughter to beget the child which is
forcibly without consent of the petitioner inflicted on the
young school going child.
3. Petitioner has relied on the Judgment of this Court
in identical case in Writ Petition No.105785/2024 (GM-
RES), wherein similar situation this Court had permitted
the medical termination of pregnancy (MTP). Learned
counsel for the petitioner has also relies on the Judgment
rendered in the case of Meera Santosh Pal and Others vs.
NC: 2024:KHC-D:16550
Union of India and Others, reported in (2017) 3 SCC 462
by the Hon'ble Apex Court, wherein it is held in the report
of the board that continuing pregnancy will cause more
mental anguish, more pain and agony. Hence, the present
petition is filed.
4. This Court upon hearing the petitioner, vide order
dated 08.11.2024 directed the 1st respondent to constitute
a committee for considering the case of the minor child of
13 years age for undergoing medical termination of
pregnancy and furnish report accordingly. In compliance of
the said order passed by this Court, the learned AGA filed
a memo along with the report of the Medical Board,
whereby the medical board has certified the minor victim
girl (X) to be fit to undergo MTP by its report dated
12.11.2024.
5. Having considered the report, this Court is of the
opinion that in the interest of the minor victim girl, her
health, future and the condition in which the petitioner and
NC: 2024:KHC-D:16550
minor victim girl are living, it would be better to accept the
Medical Board's report and to permit the minor victim girl
(X) to undergo medical termination of pregnancy (MTP).
6. Under the circumstances, taking all these facts
into consideration and the medical report furnished by the
Medical Board, this Court accepts the argument put forth
by the learned counsel for the petitioner for granting
permission to the petitioner to get the medical termination
of pregnancy of his minor child aged 13 years.
Accordingly, I pass the following :
ORDER
Petition is allowed.
(i) Petitioner is permitted to terminate ongoing
pregnancy of his minor daughter (X)/ victim
girl through respondent No.2.
(ii) Respondent No.2 is directed to conduct
medical termination of pregnancy of the
petitioner's daughter (victim girl-X) as per
report by the Medical Board dated
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12.11.2024 in accordance to the provisions
of the Medical Termination of Pregnancy
Act, 1971.
(iii) It is further directed, upon termination of
pregnancy, respondent No.2 shall ensure
that the foetus/abortus is preserved for
DNA test, if terminated.
(iv) Copy of this order shall be furnished to the
petitioner and respondents forthwith for
immediate and suitable action.
(v) It is needless to mention that proper,
suitable medical care and attention shall be
given to the patient i.e., daughter of the
petitioner while performing MTP.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CKK
CT-MCK
