X (Minor) Aged 17 Years Through ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 10347 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                      ON THE 7 th OF JULY, 2023
                 WRIT PETITION No. 13712 of 2023

BETWEEN:-
X (MINOR) AGED 17 YEARS THROUGH NATURAL
GUARDIAN (MOTHER) SMT. RAMKALI AADIWASI W/O
SHRI RAM SINGH AADIWASI, AGED ABOUT 41 YEARS,
OCCUPATION: HOUSEWIFE, R/O- VILLAGE GOBRA POST
GONDARI, SHIVPURI (MADHYA PRADESH)

                                                          .....PETITIONER
(BY SHRI MANAS DUBEY - ADVOCATE)

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

2.    STATE  OF     MADHYA       PRADESH THROUGH
      COLLECTOR     DISTRICT    SHIVPURI (MADHYA
      PRADESH)

3.    SUPERINTENDENT      OF     POLICE SHIVPURI
      DISTRICT SHIVPURI (MADHYA PRADESH)

4.    CHIEF MEDICAL AND HEALTH               OFFICER
      SHIVPURI DISTRICT SHIVPURI            (MADHYA
      PRADESH)

5.    STATION HOUSE OFFICER, POLICE STATION
      BAIRAD   DISTRICT  SHIVPURI   (MADHYA
      PRADESH)

                                                       .....RESPONDENTS
(BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                 ORDER

The present petition under Article 226 of the Constitution is preferred at the instance of prosecutrix/petitioner through her natural guardian (mother) seeking direction for constitution of Medical Board and after medical examination of petitioner, medical termination of pregnancy of petitioner.

2. It is the grievance of the petitioner that mother of prosecutrix lodged the FIR bearing Crime No.166/2023 on 19.05.2023 at Police Station- Bairad District Shivpuri for offence under Section 363 of the IPC stating that her daughter is missing, she searched her at many places but her daughter could not find. Later on she recovered and her medical examination was conducted. After medical examination, she was found to be pregnant, therefore, mother of

prosecutrix filed this petition for medical termination of pregnancy under supervision of Medical Board.

3 . It is the submission of the learned counsel for the petitioner that Section 3 of the Medical Termination of Pregnancy Act, 1971 prescribes the procedure, therefore, in view of the above section and the judgments of Apex Court in the case of Murugan Nayakkar Vs. Union of India and others (Writ Petition (Civil) No.749/2017), Shaikh Ayesha Khatoon Vs. Union and others reported in 2018 SCC Online Bom. 11 and in the case of Mukesh Patidar Vs. State of M.P. (Writ Petition No.7701/2018 and X (Minor) through her mother Madhu Vs. State of M.P. and others (Writ Petition No.5521/2020), the case of petitioner may be considered for termination of pregnancy.

4. Learned Government Advocate for the respondents referred the report of Medical Board on the direction of this Court and informed that now petitioner is carrying 18 weeks of pregnancy and as per Section 3 of the Medical Termination of Pregnancy Act,1971 her medical condition is suitable

and can be taken care of for termination.

5. Heard the rival submissions of the learned counsel for the parties and perused the documents appended thereto.

6 . This is a case where minor has preferred this petition through her natural guardian (Mother) for medical termination of her pregnancy. As per allegation of her mother which reflects from the FIR vide Crime No.166/2023 that prosecutrix eloped with her friend, but on close scrutiny and the judgment of Apex Court in the case of X Vs. The Principal Secretary Health and Family Welfare Department and another reported in 2022 SCC Online 1321 in which Apex Court dealt with the said issue in detail and considering all the facets of the subject, such type of cases for termination of pregnancy were permitted in safe and hygienic atmosphere.

7. On due consideration, looking to the nature of allegations and report o f District Medical Board, it is apposite that petitioner be allowed to undergo termination of pregnancy under safe and hygienic conditions as contemplated by the Act of 1971 and the Medical Termination of Pregnancy Rules, 2003. Needful be done as early possible preferably on or before next week.

8 . District Medical Board shall do the needful and the Government Advocate Shri Vishal Tripathi shall cooperate in this regard with the District Medical Board and it would be the duty of the learned counsel for the petitioner

to cause appearance of petitioner before the Medical Board/Hospital as and when required.

9. Accordingly, petition stands allowed and disposed of with aforesaid observations.

(ANAND PATHAK) JUDGE Rashid

RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f63 24416af3985b5e9940ed42,

KHAN pseudonym=D0D045404B6F6AB1225B3600B86B72153386 BADD, serialNumber=111CC474A72B078DC9A89F3CB13BB668FD8 E0E91BEDA3CB721BBD836D768B09C, cn=RASHID KHAN Date: 2023.07.10 18:25:30 -07'00'