Aspects like the age of the girl, trauma which she has to suffer and the agony she is going through at present, determines whether termination of her pregnancy becomes integral or not.
CASE BRIEF: X Minor through her mother Madhu Vs. State of M.P and others
CASE NAME: X Minor through her mother Madhu Vs. State of M.P and others
CITATION: W.P. No. 5521 of 2020
COURT: High Court of Judicature of Indore
BENCH: G.S. Ahluwalia, J.
DECIDED ON: 19th March, 2020
RELEVENT STATUTES: The Constitution of India
POCSO Act, 2002, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Indian Penal Court, 1860 The Medical Termination of Pregnancy Act,1971
BRIEF FACTS & PROCEDURAL HISTORY:
1. The petitioner lodged a FIR on 16-2-2020 against Rahul Pal, Sunita Pal, Dhruv Pal and Manoj Pal, on the allegations that She is aged about 17 years. Rahul Pal, on the pretext of marriage, developed physical relations with her, as a result of which She is carrying the pregnancy of 3 months. Thereafter, Rahul has refused to marry her.
2. When She made complaint to his parents, namely Smt. Sunita Pal, and Dhruv Pal, then they also supported their son and scolded the petitioner. Similarly, Manoj Pal, who is the brother of Rahul Pal, also tried to outrage her modesty.
3. On this complaint, FIR No. 105/2020 has been registered at Police Station Dwarikapuri, Distt. Indore for offence under Sections 363,366-A,376(2)(n), 376-D,323,294, 354(A) of I.P.C., under Section 5,6,11,12 of POCSO Act, 2002 and under Section 3(1)(gh),3(1)(w)(i), (ii),3(2)(v),(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. This petition has been filed seeking permission to terminate the pregnancy. The petitioner claims herself to be a minor aged about 17 years.
1. Whether some order/writ to the respondent to grant permission/direction for termination of pregnancy of Victim/petitioner be granted as relief ?
RATIO OF THE COURT:
1. The Supreme Court in the case of Murugan Nayakkar Vs.Union of India & Ors. in Writ Petition (Civil) No.749/2017 by order dated 6/9/2017 has held as under:- “The petitioner who is a 13 years old girl and a victim of alleged rape and sexual abuse, has preferred this writ petition for termination of her pregnancy. Considering the age of the petitioner, the trauma she has suffered because of the sexual abuse and the agony she is going through at present and above all the report of the Medical Board constituted by this Court, we think it appropriate that termination of pregnancy should be allowed.”
2. In light of the aforesaid judgment, considering the age of the girl, trauma which she has to suffer and the agony she is going through at present and also keeping in view the report submitted by Medical Board, MY Hospital, Indore, this Court is of the opinion that the prayer made by the petitioner deserves to be allowed and is accordingly allowed.
3. The High Court of Bombay in the case of Shaikh Ayesha Khatoon Vs. Union of India and Others reported in 2018 SCC OnLine Bom 11 has held as under :- “It is clarified at this stage that the petitioner has been sensitized by the Committee/Medical Board about the risk factors involved and it would be open for the petitioner to undergo the procedure of medical termination of pregnancy at her own risk and consequences. It is further made clear that the Doctors who have put their opinions on record shall have the immunity in the event of occurrence of any litigation arising out of the instant Petition.”
4. In light of the aforesaid judgment, the Doctors who will be part of the process shall have immunity in the event of occurrence of any litigation arising out of the order passed by this Court.
The respondents are directed to carry out termination of pregnancy immediately. The Chief Medical & Health Officer, District Indore is directed to admit the child (prosecutrix) latest by 20/03/2020, and termination of pregnancy be carried out as early as possible subject to the medical complications specifically after correction of anemia.
With the aforesaid, writ petition stands allowed.