Victim X Through Natural Guardian ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 13092 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 11 th OF AUGUST, 2023
                                              WRIT PETITION No. 20122 of 2023

                           BETWEEN:-
                           VICTIM X THROUGH NATURAL GUARDIAN FATHER
                           RAJARAM CHOUHAN S/O RUGNATH JI CHOUHAN,
                           AGED ABOUT 40 YEARS, OCCUPATION: CATERING R/O
                           GRAM   BAMORA DISTRICT UJJAIN. (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (BY MS. REKHA SHRIVASTAVA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH DAWARA
                                 SACHIV MAHILA AVM BAL VIKAS VIBHAG,
                                 VALLABH BHAWAN, DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    COLLECTOR UJJAIN DIST. UJJAIN (MADHYA
                                 PRADESH)

                           3.    ADHIKSHAK M.Y. HOSPITAL INDORE (MADHYA
                                 PRADESH)

                           4.    PRABHARI POLICE THANA CHINTAMAN GANESH
                                 UJJAIN (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI TARUN PAGARE - G.A.)

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

This is a petition filed on behalf of rape victim through natural guardian, father Rajaram Chauhan for medical terminancy on his daughter. Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 11-08-2023 12:33:14

2. It is stated that his daughter is a rape victim and she is carrying pregnancy of 13 weeks' and the victim and her natural guardian do not want to continue with the pregnancy.

3. This Court by order dated 9/8/2023 directed for examination of the prosecutrix by a committee constituted by Superintendent of M.Y Hospital, Indore on 10/8/2023.

4. Counsel for the State produced a report of the committee and the committee is of the opinion that the medical terminancy can be done with the consent of the parties. For the said purpose, the victim shall be produced before the Superintendent of MY Hospital, Indore on 12.8.2023.

5. 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.

6. 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.

7. 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

Signature Not Verified 458 coupled with the fact that the victim has valuable rights to take a decision Signed by: PRAMOD KUSHWAHA Signing time: 11-08-2023 12:33:14

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 Tarun Pagare, Government Advocate for the State during course of the day for doing the needful. Shri Tarun Pagare is requested to communicate this order to the respondents forthwith.

8. With the aforesaid observation and directions, the present petition stands disposed off.

C.C today.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 11-08-2023 12:33:14