A vs The State Of Rajasthan
2021 Latest Caselaw 12988 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11274/2021

A, (Name Deleted In Terms Of Honorable Court Order).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Secretariat, Jaipur.

2. Chief Medical And Health Officer, District Hanumangarh, Rajasthan.

3. Superintendent Of Police, Hanumangarh, Rajasthan.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. DS Sodha
For Respondent(s)           :     Mr. Pankaj Sharma, AAG



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

19/08/2021

This writ petition has been filed by the petitioner through her

father essentially with a prayer for issuing direction to the

respondents to conduct medical termination of pregnancy of the

petitioner.

As per the mark sheet of Secondary Board Examination, the

date of birth of the petitioner is 16.06.2004 and, as such, she has

not completed eighteen years of age. It is alleged that the

petitioner was raped by the accused person and in connection with

that, an FIR was also lodged and the accused person has been

arrested.

An application was preferred on behalf of father of the

petitioner in the court of Special Judge, POCSO Act, 2012

Hanumangarh (Raj) (hereinafter referred to be as 'the trial court')

(2 of 2) [CW-11274/2021]

with the prayer to direct the State authorities to conduct

termination of unwanted pregnancy of the petitioner. The said

application was rejected by the trial court vide order dated

12.08.2021 while observing that as per the provisions of Section 3

of the Medical Termination of Pregnancy Act, 1971 (for short 'the

Act of 1971'), pregnancy up to twenty weeks only can be ordered

to be terminated.

It appears that the trial court has failed to take note of the

amendment in Section 3 of the Act of 1971 vide Medical

Termination of Pregnancy (Amendment Act, 2021) wherein, it is

specifically provided that pregnancy up to twenty four weeks can

be terminated under the medical advise.

In such circumstances, the impugned order dated

12.08.2021 is set aside.

The State shall make necessary arrangements for the

medical examination of the petitioner immediately in the

Government Hospital, Hanumangarh. The Superintendent of the

Government Hospital, Hanumangarh shall constitute a Medical

Board consisting of senior doctors (expertise in the subject) and

after seeking their opinion regarding possibility of termination of

the fetus, while keeping into consideration the safety and health of

the petitioner and if in the opinion of the Medical Board it is

possible, shall conduct the process of medical termination of the

pregnancy of the petitioner expeditiously.

With these observations, this writ petition is disposed of.

(VIJAY BISHNOI),J

Surabhii/139-

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