Rajasthan High Court - Jodhpur
Xxx vs The State Of Rajasthan ... on 15 May, 2025
[2025:RJ-JD:23649]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10040/2025
XXXXX
----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) : Ms. Anita Rajpurohit for
Mr. N.S. Rajpurohit, AAG
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
15/05/2025
1. The present writ petition has been filed seeking the following
directions:
"(i) By and appropriate writ, order of direction,
respondent authorities may kindly be directed to take
immediate steps for termination of the pregnancy of the
petitioner under the provisions of Medical Termination of
pregnancy Act, 1971.
(ii) Direct the respondents to provide all facilities and post
operative care to the petitioner (victim).
(iii) 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."
[2025:RJ-JD:23649] (2 of 4) [CW-10040/2025]
2. The facts disclosed that the petitioner is the victim of the
alleged rape and she is now having the foetus of 28 weeks and
there is no chance of termination of such foetus and, therefore,
she seeks appropriate directions to take care of the safety of the
petitioner(victim) as well as the child in the womb. In the similar
facts and circumstances, this Court has passed the following
directions in the interest of petitioner(victim) as well as the child
whose rights herein.
3. The petitioner's case is also covered by the said writ petition
i.e. S.B. Civil Writ Petition No.295/2025; therefore, the present
writ petition is also can be disposed of in terms of the said
directions containing para 8 of the aforesaid judgment. Para 8 of
the said judgment reads as follows:
"8. Therefore, in view of the above, this Court is not
inclined to give directions for termination of the
pregnancy. Accordingly, the writ petition is disposed off
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.
(ii) The Superintendent of PBM Hospital, Ambedkar Circle,
Bikaner 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 nature and to
ensure that the delivery takes place in a 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 Bikaner and the petitioner/parents of the petitioner
[2025:RJ-JD:23649] (3 of 4) [CW-10040/2025]
shall fulfill all necessary documentation and all formalities
as may be so required under the law for handing over
custody of the child to the Child Welfare Committee.
(v) The Child Welfare Committee, Bikaner 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),
Bikaner 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."
4. In the aforesaid circumstances, the present writ petition is
disposed of with the following directions:
"8. Therefore, in view of the above, this Court is not
inclined to give directions for termination of the
pregnancy. Accordingly, the writ petition is disposed off
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.
(ii) The Superintendent of Umed 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 nature and to ensure
that the delivery takes place in a 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
[2025:RJ-JD:23649] (4 of 4) [CW-10040/2025]
as may be so required under the law for handing over
custody of the child to the Child Welfare Committee.
(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."
(MUNNURI LAXMAN),J
223s-PoonamS/-
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