Rajasthan High Court - Jodhpur
Ms. X vs The State Of Rajasthan ... on 6 September, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:36951]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14955/2024
Ms. X
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Medical And Health Services, Government
Secretariat, Jaipur, Rajasthan.
2. Chief Medical And Health Officer, District Dungarpur.
3. The Superintendent Of Police, District Dungarpur.
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Counsel
assisted by Ms. Priyanka Borana
For Respondent(s) : Mr. NS Rajpurohit, AAG assisted by
Ms. Ruchi Parihar
JUSTICE DINESH MEHTA
Order
06/09/2024
1. The instant petition has been moved by the petitioner/victim
through her father (natural guardian), inter alia, with the following
prayer:-
(i) The State Government may be directed to
bear all the expenses of delivery of the
petitioner and in the event that the minor
and her parents desire to give the child in
adoption after the delivery, the State
Government shall take all necessary steps in
accordance with the applicable provisions of
law to facilitate this exercise.
(ii) Any other appropriate order or direction,
which this Hon'ble Court considers just and
proper in the facts and circumstances of this
case, may kindly be passed in favour of the
petitioner."
[2024:RJ-JD:36951] (2 of 3) [CW-14955/2024]
2. Mr. Dhirendra Singh, learned Senior Counsel for the
petitioner submitted that a girl being victim of rape, aged about
14 years, got pregnant due to physical and sexual assault. He
added that an application dated 02.09.2024 was submitted before
the Secretary of District Legal Services Authority, District
Dungarpur, wherein a request was made by the victim to
terminate her pregnancy.
3. Learned Senior counsel further submitted that in furtherance
of application dated 02.09.2024, the Secretary of District Legal
Services Authority has found that victim is having pregnancy of
about 32 weeks and therefore, the pregnancy could not be
terminated being wary of the threat to the victim's health.
4. It is, inter alia, prayed that in light of the judgment of
Hon'ble the Supreme Court in the case of X Vs. State of
Maharashtra & Anr. (Civil Appeal No.5194/2024), decided on
29.04.2024, the petitioner be allowed to give birth to the child and
the State be directed to bear the expenses of the delivery.
5. It is also prayed that the minor and her parents propose to
give the child to be born, in adoption and hence, appropriate
direction be issued to the State Government/competent authority
for facilitating the adoption.
6. Learned Senior Counsel for the petitioner argued that in light
of the above referred judgment of Hon'ble the Supreme Court, it is
the responsibility of the State to bear the expenses.
7. Mr. Rajpurohit, learned Additional Advocate General opposed
such prayer and contended that the State cannot be burdened
with the delivery expenses, while submitting that there are
[2024:RJ-JD:36951] (3 of 3) [CW-14955/2024]
number of Government run hospitals, where the petitioner can get
delivery.
8. Looking to the resistance of the State, Mr. Dhirendra Singh,
learned Senior Counsel himself volunteered to bear all the
expenses relating to the delivery of the victim.
9. In light of the gesture showed by Mr. Dhirendra Singh,
learned Senior Counsel, no direction for bearing the delivery
expenses is required to be given to the State.
10. The Child Welfare Committee, Dungarpur is hereby directed
to provide counseling/assistance to the minor victim and her
parents about the process of adoption, if they so wish. The
Committee shall be free to take custody of the new born child (if
deemed expedient).
11. The present writ petition stands disposed of.
(DINESH MEHTA),J
506-raksha/-
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