Madhya Pradesh High Court
Smt. Kanku Bai Girval vs The State Of Madhya Pradesh on 31 March, 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 31st OF MARCH, 2022
WRIT PETITION No. 7481 of 2022
Between:-
SMT. KANKU BAI GIRVAL W/O SHRI AMRATLAL
GIRVAL , AGED ABOUT 44 YEARS, OCCUPATION:
HOUSE WIFE MAKAN NO. 34, WARD NO. 19,
DHARAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI A.K. MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR COLLECTORATE PREMISES RATLAM
(MADHYA PRADESH)
2. CHAIRMAN, CHILD WELFARE COMMITTEE
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT RATLAM (MADHYA PRADESH)
3. CHIEF MEDICAL OFFICER DIST. HOSPITAL
RATLAM (MADHYA PRADESH)
4. S H O POLICE STATION INDUSTRIAL AREA
RATLAM (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDHANSHU VYAS - PANEL LAWYER)
This petition coming on for orders this day, the court passed the following:
ORDER
This petition is filed under Article 226 of the Constitution of India praying
for a direction to the respondents for termination of pregnancy of the minor
daughter of the petitioner, who is a raped victim in crime no.0155/2022.
In compliance of order dated 29.03.2022, learned counsel for the
respondent/state submits that the termination of the pregnancy of the minor
daughter of the petitioner can take place at District Hospital Ratlam under the
supervision of medical committee.
It is submitted that the petitioner's daughter is a minor girl of 16 years old.
Signature Not VerifiedDigitally signed by
SAN
She is a rape victim. The petitioner and the prosecutrix do not want to continue
SOURABH YADAV
Date: 2022.04.01
09:51:54 IST
with the pregnancy.
As per the report of the medical committee of District Hospital, Ratlam
headed by Dr.Mamta Sharma, Gynecologist, MCH Unit, Ratlam, the prosecutrix is
having 14 weeks pregnancy and the same can be terminated without any risk with
the consent of legal guardian of the girl.
Learned counsel for the petitioner further submits that the petitioner who is
mother of the prosecutrix is not willing to continue with the pregnancy of the
daughter and she is willing for termination of the pregnancy. It is submitted that the
consent of the daughter has also been taken that she does not want to continue
with the pregnancy and is willing for termination of the pregnancy.
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 on 06-12-2017] 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 The Medical Termination of Pregnancy 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 a valuable right 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 off with the
following directions:
(i) The victim shall be produced before the
Superintendent, District Hospital, Ratlam on 4th April,
Signature Not VerifiedDigitally signed by
SAN SOURABH YADAV
Date: 2022.04.01
09:51:54 IST
2022.
(ii) The Committee of the District Hospital, Ratlam 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 District Hospital, Ratlam .
(iii) The Superintendent, District Hospital, Ratlam 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 cost.
( iv ) 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
(v) 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 i) A typed copy of this order be given to Shri
Sudhanshu Vyas, Panel Lawyer for the State during
course of the day for doing the needful. Shri Sudhanshu
Vyas 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
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOURABH YADAV
Date: 2022.04.01
09:51:54 IST
