Victim X Minor Through Legal Guardian vs The State Of Madhya Pradesh
2023 Latest Caselaw 21006 MP

Madhya Pradesh High Court

Victim X Minor Through Legal Guardian vs The State Of Madhya Pradesh on 12 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 12 th OF DECEMBER, 2023
                                              WRIT PETITION No. 30389 of 2023

                           BETWEEN:-
                           VICTIM X MINOR THROUGH LEGAL GUARDIAN
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI PRIYESH BHAWSAR - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY MINISTRY OF HOME
                                 AFFAIRS,VALLABH BHAWAN BHOPAL (MADHYA
                                 PRADESH)

                           2.    DISTRICT       HOSPITAL        THROUGH
                                 SUPERINTENDENT DISTRICT HOSPITAL INDORE
                                 (MADHYA PRADESH)

                           3.    TOWN INSPECTOR POLICE STATION BANGANGA,
                                 INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI TARUN PAGARE- GOVERNMENT ADVOCATE)

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

The present petition has been filed on behalf of minor rape victim making a prayer for medical termination of pregnancy.

2. It is stated that the victim and her parents are not willing to continue with the pregnancy.

3. This Court by order dated 11.12.2023 directed for medical

examination of the victim by the committee of experts comprising gynecologist at MY Hospital, Indore. Her samples were taken and were sent for specialization opinion. A report has been submitted in which it is stated that the girl can be taken up for medical termination of pregnancy under proper method with high risk consent.

4. It is stated that the victim is local resident and she will make herself available for medical termination of pregnancy today itself at MY Hospital Indore.

5. If the medical termination of pregnancy is not possible today, the same shall be carried out by tomorrow by the committee of experts.

6. 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.

7. 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.

8. 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 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.

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

(VIJAY KUMAR SHUKLA) JUDGE Sourabh