Sheelabai D/O Balu Singh Minor ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 10189 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                               BEFORE
              HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                         ON THE 27th OF JULY, 2022

                  WRIT PETITION No. 17221 of 2022

        Between:-
        SHEELABAI   D/O  BALU    SINGH    MINOR
        THROUGH NATURAL GUARDIAN FATHER BALU
        SINGH S/O ONKARLAL, AGED ABOUT 46 YEARS,
        OCCUPATION:   AGRICULTURIST     VILLAGE
        PALDA, TEHSIL SUSNER, DISTRICT AGAR
        MALWA (MADHYA PRADESH)

                                                           .....PETITIONER
        (BY SHRI VIJAY PRABHAKAR SARAF-ADVOCATE)

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY VALLABH BHAWAN
        DISTRICT BHOPAL (MADHYA PRADESH)

2.      COLLECTOR AGAR (MADHYA PRADESH)

3.      SUPERINTENDENT OF POLICE AGAR (MADHYA
        PRADESH)

4.      CHIEF MEDICAL OFFICER DISTRICT HOSPITAL
        (MADHYA PRADESH)

5.      THANA INCHARGE THROUGH POLICE STATION
        SUSNER AGAR (MADHYA PRADESH)

6.      M.G.M. MEDICAL COLLEGE AND ASSOCIATED
        HOSPITALS M.Y. HOSPITAL INDORE THROUGH
        HEAD OF THE DEPARTMENT, DEPARTMENT OF
        OBSTETREICS AND      GHNECOLOGY,   M.Y.
        HOSPITAL (MADHYA PRADESH)

                                                         .....RESPONDENTS
        (BY SHRI VISHAL SANOTHIYA-G.A.)

      T h is petition coming on for orders this day, t h e cou rt passed the
following:
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                                     ORDER

This is a petition filed by minor rape victim through her natural guardian Balusingh stating that petitioner does not want to continue with the pregnancy.

Vide order dated 26.07.2022, this court directed the medical board of MY Hospital, Indore to examine the victim and to submit a report.

In compliance to the order dated 26.07.2022, medical report of M.Y. Hospital, Indore has been produced. The Board has opined that fetus is of 26 weeks and 2 days and termination of pregnancy can be allowed as there is no risk.

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 tomorrow i.e. 28.07.2022.

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 fetus 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 Shri Vishal Sanothia, Govt.Advocate for the State during course of the day for doing the needful. He is requested to communicate this order to the respondents

forthwith.

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

C.c. today.

(VIJAY KUMAR SHUKLA) JUDGE MK

Digitally signed by MUKTA CHANDRASHEKHAR KOUSHAL Date: 2022.07.27 13:08:04 +05'30'