Sameera Thahsin vs Union Of India
2022 Latest Caselaw 11921 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
      Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
                 IA.NO.1/2022 IN WP(C) NO. 40637 OF 2022(D)
PETITIONER/PETITIONER:

     SAMEERA THAHSIN, AGED 24 YEARS, W/O MIRZAN ABDUL LATIF,
     CHETTIPARAMBIL HOUSE, KAIRALI STREET, ASOKA ROAD, KALOOR, ERNAKULAM,
     KOCHI, PIN-682017.

RESPONDENTS/RESPONDENTS:

  1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF WOMEN AND
     CHILD DEVELOPMENT, SASTHRI BHAVAN, NEW DELHI, PIN-110001.
  2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF WOMEN AND
     CHILD DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
  3. DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P. O., KUMARAPURAM
     ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM, PIN-695011.
  4. THE SUPERINTENDENT, GOVERNMENT HOSPITAL, ERNAKULAM, PIN-682028.
  5. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KALAMASSERY, KOCHI,
     PIN-683503.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify the
operative portion of the judgment in WP(C) No.40637 of 2022 permitting the
petitioner to undertake medical termination of pregnancy at "Lakshmi
Hospital, Diwans Road, Ernakulam " in the interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.D.ANIL KUMAR, Advocate for the petitioner in IA/WP(C), DEPUTY
SOLICITOR GENERAL OF INDIA for respondent 1, GOVERNMENT PLEADER for the
respondents 2 to 5,the court passed the following:
                                      V.G.ARUN, J.
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              I.A. No. 1 of 2022 in W.P.(C) No. 40637 of 2022
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                   Dated this the 21st day of December, 2022


                                             ORDER

Application allowed and the following paragraphs are

incorporated in the judgment dated 19.12.2022.

"The petitioner shall be permitted to undergo medical

termination of pregnancy at Lakshmi Hospital, Diwans Road,

Ernakulam, if the hospital is an approved medical facility under

Section 4 of the Medical Termination of Pregnancy Act. If not,

the petitioner shall be permitted to undergo medical

termination of pregnancy at any other approved medical

facility of her choice.

Needless to say that the procedure shall be conducted

under the supervision of a properly constituted medical team."

Sd/-

V.G.ARUN

JUDGE sb

21-12-2022 /True Copy/ Assistant Registrar