Madhya Pradesh High Court
Ku. X Thr Guardian Smt. Radha Bai vs Women And Child Development ... on 14 June, 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 14th OF JUNE, 2022
WRIT PETITION No. 12781 of 2022
Between:-
KU. X THR GUARDIAN SMT. RADHA BAI W/O
SHRI BHANSINGH, AGED ABOUT 50 YEARS,
OCCUPATION: MAJDURI GRAM BANJARI
POLICE STATION KHUDEL, DISTT. INDORE
(MADHYA PRADESH)
.....PETITIONER
(BY MS.REKHA SHRIVASTAVA, ADVOCATE )
AND
1. WOMEN AND CHILD DEVELOPMENT
DEPARTMENT THROUGH SECRETARY
VALLABH BHAWAN (MADHYA PRADESH)
2. COLLECTOR INDORE (MADHYA PRADESH)
3. ADHIKSHAK M.Y. HOSPITAL INDORE (MADHYA
PRADESH)
4. MUKHYA CHIKSTSA EVM SWASTHYA
ADHIKARI M.T.H. COMPOUND INDORE
(MADHYA PRADESH)
5. JEEVAN SINGH, AGED ABOUT 20 YEARS,
OCCUPATION: LABOR GRAM BANJARI POLICE
STATION KHUDEL, DISTT. INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ADITYA GARG, G.A.)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
Signature Not VerifiedDigitally signed by
SAN
ORDER
VARGHESE
MATHEW
Date: 2022.06.14
17:30:03 IST
The petitioner (a minor and victim of rape) through legal guardian mother
has filed the present petition for termination of pregnancy as petitioner was
subjected to rape and she is pregnant. On instructions counsel for petitioner
submits that the victim and guardian of petitioner are not interested to continue
with the pregnancy.
This court by order dated 9/6/2022 directed the petitioner to appear
before the Superintendent, MY Hospital, Indore on 10/6/2022 at 11 AM and the
Medical Board was directed to submit report.
Counsel for State has produced the report of the Medical Board dated
12/6/2022 wherein the Medical Board has opined that the termination of the
pregnancy can be considered on humanitarian ground. The victim is carrying
pregnancy of 20 weeks and four days on 12/6/2022.
For the said purpose, the victim shall be produced before the
Superintendent of MY Hospital, Indore on 17.06.2022.
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.
Signature Not VerifiedDigitally signed by
SAN VARGHESE
MATHEW
Date: 2022.06.14
17:30:03 IST 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 Shri Aditya Garg, GA for the
Signature Not VerifiedDigitally signed by
SAN VARGHESE
State during course of the day for doing the needful. Shri Aditya Garg, GA is
MATHEW
Date: 2022.06.14
17:30:03 IST
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
VM
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN VARGHESE
MATHEW
Date: 2022.06.14
17:30:03 IST
