Madhya Pradesh High Court
X Minor Through Her Legal Guardian ... vs The State Of Madhya Pradesh on 28 February, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 28th OF FEBRUARY, 2022
WRIT PETITION No. 4585 of 2022
Between:-
X MINOR THROUGH HER LEGAL GUARDIAN SMT.
GENDABAI W/O SHRI GAMARSINGH , AGED
ABOUT 36 YEARS, OCCUPATION: LABOURER
AURANGPURA, ANJANGAON, TEHSIL
BHIKANGAON (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASHISH CHOUBEY, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN (MADHYA
PRADESH)
2. M.Y HOSPITAL, INDORE, THROUGH
S UPER IN TEN D EN T M.Y HOSPITAL, WHITE
CHRUCH ROAD (MADHYA PRADESH)
3. STATION HOUSE OFFICER POLICE STATION
BHIKANGAON (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT SINGH SISODIA, GOVT. ADVOCATE FOR THE
RESPONDENTS NO.1-3)
T h is petition coming on for hearing this day, the court passed the
following:
ORDER
The petitioner's daughter is a rape victim. Due to the aforesaid, she became
pregnant and at present, she is having 24 weeks pregnancy. The victim and the
petitioner does not want to continue with the pregnancy. This Court by order dated
23.02.2022 directed the Medical Board to examine the girl and submit a report. A
report of the Medical Board has been submitted wherein it is opined that MTP can
be performed. There is no risk in performing the MTP.
Considering the aforesaid report, it is directed that the girl/victim shall be
produced before the Superintendent of M.Y. Hospital on 02.03.2022 for
termination of pregnancy.
Signature Not VerifiedDigitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.02.28
17:40:48 IST 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 (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,
Signature Not VerifiedDigitally signed by
SAN
it will be the solemn duty of the respondents to ensure
SOUMYA RANJAN
DALAI
Date: 2022.02.28
17:40:48 IST
compliance of this order in stricto sensu.
(v) A typed copy of this order be given to Shri Amit
Singh Sisodia, Govt. Advocate for the State during
course of the day for doing the needful. Shri Amit
Singh Sisodia 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
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.02.28
17:40:48 IST
