Alisha Ali D/O Mohammed Shahid Lai ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 1508 MP

                                  1
     IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                               BEFORE
              HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                       ON THE 2nd OF FEBRUARY, 2022

                   WRIT PETITION No. 2431 of 2022

        Between:-
1.      MOHAMMED SHAHID ALI S/O BASHRAT ALI,
        AGED ABOUT 37 YEARS, OCCUPATION: AUTO
        DRIVER JAVED HAJI HOUSE SAMRAAT
        NAGAR KHAJRANA (MADHYA PRADESH)

2.      TARRENUM JAHAN W/O MOHD. SHAHID ALI,
        AGED ABOUT 33 YEARS, OCCUPATION:
        HOUSEWIFE JAVED HAJI'S HOUSE, SAMRAAT
        NAGAR, KHAJRANA (MADHYA PRADESH)

                                                              .....PETITIONER
        (BY MS.AVADHI JAIN, ADVOCATE )

        AND

1.      THE STATE OF MADHYA PRADESH STATION
        HOUSE OFFICER THROUGH POLICE STATION
        KHAJRANA (MADHYA PRADESH)

2.      C. M . O. M.Y. HOSPITAL INDORE (MADHYA
        PRADESH)

3.      SAHIL SHEIKH S/O ASIF SHEIKH , AGED
        ABOUT 22 YEARS, OCCUPATION: MUTTON
        VENDOR BAKERY STREET, NEAR SHIV
        MANDIR, MALWA MILL, INDORE PRESENT
        ADD JILA JAIL INDORE (MADHYA PRADESH)

                                                           .....RESPONDENTS
        (BY MS.ARCHANA KHER, DEPUTY ADVOCATE GENERAL WITH
        SHRI VIRAJ GODHA, PANEL LAWYER )
                     (Heard through Video Conferencing)
      Th is petition coming on for order this day, the court passed the
following:
                                   ORDER

The present petition has been filed by the parents of the rape victim, who is aged about 15 years 3 months. The petitioner no.1 Mohmmad Shahid is father of the victim and petitioner no.2 Tarrenum Jahan is the mother of the victim. The petition is filed seeking a direction of termination of pregnancy of their daughter who is aged about 15 years and his carrying 9 weeks pregnancy.

It is submitted that the aforesaid pregnancy is caused due to rape committed by respondent no.3 Sahil Sheikh.

Learned counsel for the petitioner on instructions submitted that neither the victim nor her parents are willing to continue with the said pregnancy.

This court directed the medical board of MY Hospital, Indore to examine the victim and to submit a report. Today, the Superintendent of MY

Hospital, Indore and the members of the board appeared through video conferencing and submitted that the victim is carrying 9 weeks pregnancy and there would be minimum risk in terminating the pregnancy of the victim.

Learned counsel for the petitioner submits that the termination of pregnancy may be done in MY Hospital, Indore as better medical facilities are available there.

For the said purpose, the victim shall be produced before the Superintendent of MY Hospital, Indore on 04.02.2022.

A co-ordinate Bench of this Court in the case of Sunderlal vs. The State of M.P. and others [W.P. No.20961/2017, decided on06-12-2017] has taken into consideration a case under similar situation. It is laid down that a victim of rape cannot be compelled to give birth to child of rapist. It is further held that if the conditions enumerated in the Act 1971 are accomplished, pregnancy of the victim can be terminated.

The rape victim has a valuable right to take decision regarding termination of pregnancy and such right is flowing from Article 21 of the Constitution of India. Reference is made to the judgment rendered by the Apex Court in the case of Chandrakant Jayantilal Suthar and another vs. State of Gujrat, (2015) 8 SCC 721.

The Apex Court in Chandrakant Jayantilal Suthar and another (supra) which was followed in the subsequent judgments rendered in the cases of Meera Santosh Pal and others vs. Union of India and others, (2017) 3 SCC 462 and X and others vs. Union of India and others, (2017) 3 SCC 458 coupled with the fact that the victim has valuable rights to

take a decision regarding termination of her pregnancy as enshrined under Article 21 of the Constitution of India and the medical report of the Committee, the instant writ petition is disposed of with the following directions:

(i) The Committee of the M.Y Hospital, Indore shall examine the conditions of the victim before carrying out termination of the pregnancy and in case they are of the considered opinion, that no other complications are there in carrying out termination of the pregnancy, the same will be conducted in the M.Y Hospital, Indore.

(ii) The Superintendent, M.Y Hospital, Indore shall personally monitor and ensure that termination of pregnancy of the victim is carried out with extreme care and caution. They will also ensure all medical aids and assistance to be provided to the victim after termination of her pregnancy, free of costs.

(iii) The respondents are further directed that after termination of the pregnancy, they will keep safe the DNA sample of the foetus in a sealed cover as per prescribed procedure

(iv) At the cost of repetition, in my opinion, there is a great urgency in this matter, considering the duration of pregnancy and medical report given thereon. Thus, it will be the solemn duty of the respondents to ensure compliance of this order in stricto sensu.

(v) A typed copy of this order be given to Ms.Archana Kher, Deputy Advocate General for the State during course of the day for doing the needful. Ms.Archana Kher is requested to communicate this order to the respondents forthwith.

With the aforesaid observation and directions, the writ petition stands disposed of.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Digitally signed by SOURABH YADAV Date: 2022.02.02 14:26:12 +05'30'