Rajasthan High Court - Jodhpur
S vs State Of Rajasthan on 15 February, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2443/2022
'S' through natural guardian
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Medical And Health, Secretariat, Jaipur.
2. Chief Medical And Health Officer, District Chittorgarh,
Rajasthan.
3. Superintendent Of Police, Chittorgarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Rishabh Purohit
Mr. Rahul Vyas for Mr. D.S. Sodha
For Respondent(s) : Mr. Pankaj Sharma, AAG with
Mr. Rishi Soni
Dr. Prabhat Agarwal, Secretary,
Rajasthan High Court Legal Services
Committee, Jodhpur
JUSTICE DINESH MEHTA
Order
15/02/2022
1. The petitioner, a minor girl of tender age (less than 14
years) was subjected to sexual assault and was impregnated.
2. An FIR (No.367/21) came to be lodged on 22.12.2021, in
futherence thereof petitioner was medically examined and found
to be having pregnancy of 14 weeks.
3. When the matter came to the notice of Child Welfare
Committee, it wrote a letter to the Secretary, District Legal
Services Authority, Chittorgarh to obtain an order from the High
Court for termination of her pregnancy, as the victim and her
mother had given consent for the abortion.
4. The District Legal Services Authority in turn contacted
Rajasthan High Court Legal Services Committee for doing the
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needful and the present petition sworn by her mother came to be
filed through the Rajasthan High Court Legal Services Committee.
5. When the matter came up for consideration of this Court, for
the first time, it was noticed that the age of foetus is about 14
weeks. The Court was of the view that the pregnancy can be
terminated even by one registered medical practitioner as per
Section 3(2)(a) read with Explanation 2 of the Medical Termination
of Pregnancy Act, 1971, hence following order was passed on
11.02.2022:-
"3. This Court is of the view that in light of
Division Bench judgment dated 01.05.2020
rendered in the case of State of Rajasthan &
Ors. Vs. S. & Anr., it is required of the
Secretary, District Legal Service Authority to
assist the victim and her guardians and apprise
about remedies under the Medical Termination
of Pregnancy Act, 1971. Relevant part of the
direction given in the aforesaid judgment of
State of Rajasthan & Ors Vs. S. & Anr. (supra) is
reproduced hereunder :
"(ii) that no sooner, the factum of a victim
of sexual assault having become pregnant is
reported, the Medical Officer/SHO of the
police station concerned, shall forthwith
forward a report thereof to the Full Time
Secretary, District Legal Service Authority
concerned who, in turn shall, approach the
victim with a female counsellor and sensitise
her and her guardians about the remedies
under the MTP Act;"
4. The Secretary, High Court Legal Service
Committee is directed to look into the matter as
to whether the above noted direction was
(3 of 4) [CW-2443/2022]
adhered to by the Full Time Secretary of District
Legal Service Authority, Chittorgarh.
5. The Secretary, High Court Legal Services
Authority is directed to instruct the Secretary of
District Legal Services Authority, Chittorgarh to
arrange for medical termination of pregnancy of
the petitioner at Chittorgarh itself as early as
possible."
6. Dr. Prabhat Agarwal, Secretary, Rajasthan High Court Legal
Services Committee, Jodhpur present in the Court informs that
pursuant to directions given by this Court on 11.02.2022, the
District Legal Services Authority, Chittorgarh has been instructed
to take appropriate action in terms of Division Bench judgment
dated 01.05.2020 rendered in the case of State of Rajasthan &
Ors. Vs. S. & Anr. and accordingly the Secretary of the District
Legal Services Authority have contacted the relatives of the
petitioner - 'S' and facilitated the termination of her pregnancy
and the petitioner has been admitted in the hospital for the said
purpose.
7. Learned Additional Advocate General assures that the
termination of pregnancy will be carried out in accordance with
law, procedure whereof has already been started.
8. It is informed that the Chief Medical & Health Officer,
Chittorgarh vide order dated 14.02.2022 has constituted a Board
of two Medical Officers.
9. The Board so constituted while medically terminating the
pregnancy of petitioner shall preserve the sample for DNA testing
and handover the same to the concerned SHO/Investigating
Officer for doing the needful.
(4 of 4) [CW-2443/2022]
10. While disposing of the writ petition, this Court would record
appreciation for promptitude shown by the Secretary, Rajasthan
High Court Legal Services Committee, Jodhpur and the District
Legal Services Authority, Chittorgarh and doing a laudable work
for protecting dignity and human rights of a minor girl.
11. This Court feels that in all such cases of pregnancy due to
rape, where the pregnancy can be terminated in accordance with
the provisions of section 3 or in other words where pregnancy is
within permissible limits, prescribed in section 2(b) of the Act of
1971 and order of High Court is not necessary, the Full Time
Secretary of the concerned District Legal Services Authority should
coordinate with the competent authority and ensure the
termination at District level itself, in order to save precious time
and assuage the agony of the victim.
12. The Secretary to place a copy of this order before Hon'ble
the Judge in-charge, who may (if deemed appropriate) issue
order/circular in this regard in the light of the suggestion made in
para 11 above.
13. Stay petition also stands disposed of accordingly.
(DINESH MEHTA),J
117-Ramesh/-
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