Xx vs The State Of Rajasthan ...
2025 Latest Caselaw 4655 Raj

Rajasthan High Court - Jodhpur

Xx vs The State Of Rajasthan ... on 15 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:2733]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 1066/2025

 Miss S.
                                                                       ----Petitioner
                                       Versus
 1.        The State Of Rajasthan, Through The Principal Secretary,
           Department Of Medical And Health Services, Government
           Secretariat, Jaipur, Rajasthan.
 2.        The Chief Medical And Health Officer, District Jodhpur.
 3.        The Superintendent Of Police, District Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Ms. Priyanka Borana
For Respondent(s)            :     Mr. N.S. Rajpurohit, AAG assisted by
                                   Ms. Ruchi Parihar



           HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

15/01/2025

1. Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by a

judgment rendered by Co-ordinate Bench of this Court in S.B.

Civil Writ Petition No.295/2025 titled as "X vs. State of

Rajasthan & Ors.", decided on 07.01.2025. Learned counsel for

the parties, therefore, prays that the present writ petition may

also be disposed of in the same terms.

2. In view of the above, the writ petition is disposed of with the

following directions:

(i) The respondents are directed to provide the petitioner all

necessary care, nutritious food and medical attendance before and

after delivery.

[2025:RJ-JD:2733] (2 of 3) [CW-1066/2025]

(ii) The Superintendent of Umaid Hospital, Jodhpur is directed to

ensure that all medical facilities are made available to the

petitioner before and after delivery of the petitioner without

payment of any fee, charges or expenses of any nature and to

ensure that the delivery takes place in safe environment.

(iii) The privacy of the petitioner shall be maintained at all stages

and her identity shall not be disclosed in the course of

hospitalization, treatment and admission.

(iv) If the petitioner or her parents so wish, the child, on birth,

may be handed over to the Child Welfare Committee of Jodhpur

and the petitioner/parents of the petitioner shall fulfill all

necessary documentation and all formalities as may be required

under the law for handing over the custody of the child to the

Child Welfare Committee.

It is also made clear that if the petitioner or her family wants

to take custody of the child for the upbringing, the same may be

allowed.

(v) The Child Welfare Committee, Jodhpur shall take care of all

the needs and facilities of the child.

(vi) The Rajasthan State Legal Services Authority (RSLSA) as

well as District Legal Services Authority (DLSA), Jodhpur are

directed to pay suitable amount of compensation to the petitioner

who is a victim in terms of the provisions contained under the

Rajasthan Victim Compensation Scheme, 2011 within a period of

three months from the date of receipt of certified copy of this

order and the amount of compensation be kept in Fixed Deposit in

the name of the victim for a period of two years.

[2025:RJ-JD:2733] (3 of 3) [CW-1066/2025]

3. Copy of this order be provided to the counsel for the

petitioner as well as the counsel for the State Respondents for

necessary compliance. Let the copy of this order be also sent to

Member Secretary, RSLSA and Secretary, DLSA for necessary

compliance.

(VINIT KUMAR MATHUR),J 394-/Arun Pandey/-

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