Rajasthan High Court - Jodhpur
A vs State Of Rajasthan (2025:Rj-Jd:2724) on 15 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:2724]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20593/2024
Miss K
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Medical And Health, Secretariat, Jaipur, Rajasthan.
2. Chief Medical And Health Officer, District Sirohi,
Rajasthan.
3. Superintendent Of Police, Sirohi, Rajasthan.
----Respondents
For Petitioner(s) : Ms. Saumya Choudhary for
Mr. Manvendra Singh Bhati
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:2724] (2 of 3) [CW-20593/2024]
(ii) The Superintendent of Government Hospital, Sirohi 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 Sirohi 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, Sirohi 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), Sirohi 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:2724] (3 of 3) [CW-20593/2024]
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
92-/Arun Pandey/-
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