Rajasthan High Court - Jodhpur
A vs The State Of Rajasthan on 25 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3450/2021
A, (Name Not Disclose As Per Hon'ble Court Order)
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Medical
Health And Family Welfare Department, Govt. Of
Rajasthan, Jaipur.
2. Chief Medical And Health Officer, District Pali.
3. The Superintendent, Bangur Hospital, Pali, District Pali.
----Respondents
For Petitioner(s) : Mr. Kunal Kalla
For Respondent(s) : Mr. Pankaj Sharma, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/02/2021
In wake of onslaught of COVID-19, abundant caution is
being taken while hearing the matters in Court.
Learned counsel for the petitioner has drawn attention of this
Court towards the order passed by this Hon'ble Court in Pavani
Kumari Vs. State & Ors. (S.B. Civil Writ Petition
No.5646/2020) on 27.07.2020, which reads as follows:
"This petition has been filed by the minor petitioner
seeking direction for medical termination of her pregnancy on
account of the reasons indicated in the petition pertaining to
petitioner being subjected to sexual assault, resulting in her
getting pregnant.
It is indicated in the petition that though the fetus is less
than 20 weeks and there is no prohibition under the provisions
of Medical Termination of Pregnancy Act, 1971 for getting the
pregnancy terminated, however, when the petitioner
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approached the Juvenile Justice Board, Sirohi for the purpose,
report of the Medical Board was sought and the Medical Board
inter alia opined that the petitioner was having severe anaemia
and, therefore, there would be requirement to have the
services of two registered medical practitioners. The petitioner
approached the Special Judge, Sirohi, who also dismissed the
prayer and, therefore, the present petition has been filed
seeking direction, as noticed hereinbefore.
By order dated 23/7/2020 passed by a coordinate bench
of this Court, Superintendent of Ummaid Hospital, Jodhpur
was directed to constitute a Medical Board and give its opinion
regarding permissibility of termination of fetus.
Today, learned Addl. Advocate General has produced
the report of the Medical Board, which reads as under:
"All the routine investigations advised for maternal well
being and USG advised for fetal Well being and
status. USG shows gestational period of 19 weeks
and 5 days with fetal well being. Maternal
investigations are within normal limits except
hemoglobin level which shows hemoglobin to be 6.5.
gm% suggestive of severe anaemia.
As the MTP act allows termination of pregnancy upto
20 weeks under the supervision of two senior
Gynecologist. In this subject termination of pregnancy
can be done only after correction of anaemia in next 2
days as per law. After 20 weeks of pregnancy
termination can be considered after review
examination of subject. All reports are enclosed in
original."
A perusal of the above report reveals that petitioner
indeed is suffering from severe anaemia, however, the Board
has opined that after correction of anaemia, termination of
pregnancy can be considered after review examination of the
subject.
Learned counsel for the petitioner with reference to the
report and the Division Bench Judgment in State of Rajasthan
& Ors. vs. S & another : D.B.Civil Special Appeal (Writ) No.
1344/2019 decided on 1/5/2020 submitted that the
respondents be directed to terminate the fetus of the petitioner
after correcting her severe anaemia.
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(3 of 4) [CW-3450/2021]
Learned AAG has no objection to the said submissions.
In view of the above medical report and the fact that the
petitioner, a minor, is alleged to have been subjected to sexual
assault, it is directed that the petitioner may be admitted to
General Hospital, Sirohi / Ummaid Hospital, Jodhpur as per
petitioner's choice, efforts be made for correction of anaemia
as soon as possible and, thereafter, if the treating doctors,
after review examination of the petitioner, considers the
termination of pregnancy as safe, even if the same is after 20
weeks' pregnancy, needful as prayed by the petitioner be
done.
Superintendent of the Hospital, where the petitioner
decides to get admitted is directed to do the needful and take
care of the fact that the same is done safely. The DNA of the
fetus be preserved by the Hospital for a period of seven years.
The petition stands disposed of accordingly."
In the present case also, the major petitioner is seeking
medical termination of her pregnancy, which is the outcome of the
sexual assault. By order dated 24.02.2021, the petitioner was
asked to approach the Superintendent, Government Bangur
Hospital, Pali to seek medical opinion regarding permissibility of
termination of fetus.
Today, learned Additional Advocate General has produced the
report of the medical Board dated 25.02.2021, which reads as
follows:
"We the board members have examined the girl Rinku Bhati
age 22 years and we present the following observations:-
1. The pregnancy is 21 wk 3 day gestational age as per USG
done on 18.02.2021 at Bangur Hospital, Pali.
2. She is having moderate anemia, CBC shows Hb of 9.49%
dated (25.02.2021), for which correction is required, for safe
MTP procedure. As the pregnancy is of >20 weeks, the
decision to terminate is left to the discretion of the Honourable
Court. The procedure to conduct MTP is not safe today, as she
is anemic."
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In light of the aforequoted order of Pavani Kumari (supra),
the present petition is also disposed of with the direction that the
petitioner shall admit herself to Government Bangur Hospital, Pali
and the doctors shall make all efforts for correction of the anemia
as soon as possible, and thereafter, if the treating doctors, after
review examination of the petitioner, considers the termination of
the pregnancy safe even if the same is after 20 weeks pregnancy
needful as prayed by the petitioner be done. The Superintendent,
Government Bangur Hospital, Pali is directed to do the needful and
take care of the fact that the same is done safely. The DNA of the
fetus, if the pregnancy is terminated, be preserved by the FSL
laboratory concerned.
(DR.PUSHPENDRA SINGH BHATI),J.
174-Zeeshan
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