Kerala High Court
Xxxxx vs Union Of India on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
1943
WP(C) NO. 26546 OF 2021
PETITIONER/S:
XXXXX
X
BY ADV SHAMEENA SALAHUDHEEN
RESPONDENT/S:
1 UNION OF INDIA.
REPRESENTED BY SECRETARY, MINISTRY OF WOMEN AND
CHILD DEVELOPMENT, SASTHRI, BHAVAN, NEW DELHI-
110001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O., MEDICALL COLLEGE, KUMARAPUAM ROAD,
CHALAKKUZHI, THIRUVANANTHAPURAM-695011.
4 STATION HOUSE OFFICER,
KUMBALA, KASARAGOD DISTRICT-671313.
5 SUPERINTENDENT,
PARIYARAM MEDICAL COLLEGE, PARIYARAM, KANNUR
DISTRICT-670502.
6 WOMEN AND CHILDREN HOME,
KASARAGOD, CHAYYOM BAZAR, CHAYOTH P.O., VIA
NILESWARAM, KASARAGOD-671314.
-2-
W.P.(C). No. 26546 of 2021
OTHER PRESENT:
SRI.S.MANU, ASGI, SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 26546 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.26546 of 2021
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Dated this the 25th day of November, 2021
JUDGMENT
The petitioner, who is the mother of an unfortunate victim
minor girl, who had suffered sexual abuse at the hands of her
own father, approaches this Court through the High Court Legal
Services Committee seeking permission for medical termination
of the pregnancy of her minor girl, who is now in her 26 th week
of pregnancy.
2. The writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other writ, order or
direction permitting the petitioner's minor daughter
to undergo medical termination of her pregnancy
under the provision of the Medical Termination of
Pregnancy Act, 1971 and to issue consequential
direction to the 5th respondent to conduct such
termination procedure in accordance with the law
forthwith.
W.P.(C). No. 26546 of 2021
ii. To grant such other further reliefs as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of this case.
3. When this writ petition came up for consideration on
24.11.2021, this Court passed the following order:
"Admit.
Learned ASGI takes notice for the 1st respondent.
Learned Government Pleader takes notice for
respondent Nos.2 to 6.
In the facts of the case and considering the urgency of
the matter, the 5th respondent is directed to conduct a
Medical Board immediately on 25.11.2021 itself.
The report of the Medical Board shall be produced in
a sealed cover before this Court on 26.11.2011.
Post on 26.11.2021."
4. Today, the Medical Board furnished a report and the
contents of the report is extracted hereunder:
"As per the directions of the Honorable High Court
W.P.(C). No. 26546 of 2021
of Kerala, xxxxxx xxxxxx xxxxxxx, 17 years old
was brought to Government Medical College,
Kannur, Pariyaram, by child care worker Ms Sneha
vide case no: 26546/21
The child was brought to us on 25-11-2021 with
request for medical termination of pregnancy. The
pregnancy was allegedly a result of incest, case
being registered at Kumbla Police Station.
On examination of patient:
No pallor
BP-110-70mmHg
Weight-42.7kg
Systemic examination within normal limits
Abdominal examination showed uterine size
corresponding to 26 weeks gestation, relaxed, fetus
heart heard.
Ultra sonogram done on 17-11-2021 showed
pregnancy corresponding to 25-26 weeks, weighing
791 gram.
W.P.(C). No. 26546 of 2021
The patient has requested for termination of
pregnancy. After psychiatry evaluation it was
understood that continuation of pregnancy can
adversely affect her mental status. The pregnancy
can also adversely affect her physical health in view
of her young age.
The procedure for the same and associated
complications have been explained to her. It has also
been explained that in view of the advanced period
of gestation, the baby may be born alive. In the
event, necessary steps should be taken by the
patient/child care workers for arranging proper NIC
care as well as future care of said baby.
As the period of gestation (26 weeks) is beyond 24
weeks, the period prescribed by the revised MTP
act, a medical board was constituted at GMCK
Pariyaram, to decide on this as directed by the
Honorable High Court of Kerala."
5. I considered the medical report. In the medical
report it is stated that the patient had requested for termination
W.P.(C). No. 26546 of 2021
of pregnancy. It is also stated that after psychiatry analysis it is
understood that the continuation of pregnancy can adversely
affect her mental status. It is further stated that the pregnancy
can also adversely affect her physical health in view of her
younger age. The medical report also says that procedure for
termination of pregnancy and associated complications have
been explained to the patient. It is also stated that in view of the
advanced period of gestation, the baby may be born alive.
6. In the light of the above findings and also
considering the fact that the girl is a rape victim, I think the
prayer in the writ petition can be allowed.
Therefore, this writ petition is allowed.
1. The Superintendent, Government Medical
College, Kannur is permitted to do medical
termination of pregnancy of the petitioner's
minor daughter under the provisions of the
Medical Termination of Pregnancy Act.
W.P.(C). No. 26546 of 2021
2. The 5th respondent will conduct such procedure,
in accordance to law.
3. If the baby born alive, the 5th respondent will do
the needful, in accordance to law. Otherwise the
doctors will take tissue of the foetus for DNA
identification and will maintain the same intact
for future purposes.
4. The 5th respondent will consult with the
Investigating Officer in Crime No.819 of 2021 of
Kumbala Police Station also to do the needful.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 26546 of 2021
APPENDIX OF WP(C) 26546/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.
819/2021 DATED 18/11/2021.
Exhibit P2 A TRUE COPY OF THE SCAN REPORT DATED
17/11/2021.
