AI Structured Summary
Not yet generated for this judgment
Judgment
Niral R. Mehta, J
The minor daughter of the petitioner is a victim of rape and thereby filed complaint against accused person being F.I.R. No.11191033220392 of 2022 dated 4.7.2022 for the offences punishable under Sections 363 of the of the Indian Penal Code registered with Meghaninagar Police Station, Ahmedabad city.
The minor daughter of the petitioner is carrying pregnancy of 8 weeks. After having came to know about existence of pregnancy, termination of pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971 contemplated. The experts have opined that considering her reports, it is advisable to undergo MTP under MTP Act which is in her faith and for her well being.
The minor daughter of the petitioner is carrying unwanted pregnancy and thereby at her risk, petitioner approaches this Court for seeking direction upon the respondent authority to termination pregnancy of the victim at her risk.
This Court on 4th August, 2022 while issuing notice, passed the following order:
[1] Issue NOTICE to the respondent returnable on 8.8.2022.
[2] Ms.Moxa Thakkar, learned Additional Public Prosecutor appears and waives service of notice for and on behalf of the respondents - State.
[3] Considering the fact and keeping in mind the urgency of the matter, the following interim order is required to be passed:
“A detailed medical report needs to be called for before permission of termination of pregnancy is acceded to. And therefore, the Medical Superintendent, Civil Hospital, Ahmedabad is directed to examine the daughter of the petitioner - victim by a panel of seniormost Gynecologists of the Civil Hospital. The aforesaid team of doctors shall examine the victim on 5.8.2022 i.e. tomorrow and after an interaction with her, shall give in writing opinion at the earliest, bearing in mind the advanced stage of pregnancy and her physical and mental condition, whether there will be a substantial risk to the life of the daughter of the petitioner – victim, if the child was born, or that the child would suffer from such physical or mental abnormalities as to be seriously handicapped. The Medical Superintendent, Civil Hospital, Ahmedabad shall admit the daughter of the petitioner – victim tomorrow itself and shall only discharge her after the Court's order.
A copy of this order shall be furnished to the learned advocates appearing for the respective sides for follow up action. Intimation of this order shall be sent to the Medical Superintendent of Civil Hospital, Ahmedabad forthwith by the learned APP Ms.Moxa Thakkar, appearing for the respondent-State.
Let this matter appear on 8.8.2022, with the report of the experts.”
Direct service TODAY is permitted.
Today, report dated 6.8.2022 is produced on record. It appears that the minor daughter of the petitioner was examined by three experts viz. (1) Hina Oza,, Additional Professor, Dept. of Obs. (2) Dr. Rinky Agrawal, Assistant Professor, Department of Obs. & Gynaec and (3) Dr.Brinda Patel, Senior Resident, Department of Obs. & Gynaec Civil Hospital, Ahmedabad, which is taken on record. From the said report, it appears that (1)Victim has pregnancy of 8 weeks as per history, examination and investigation (Ultrasonography) (2)Routine blood investigation are within normal limits (3) Psychiatry and medical reference were done for fitness. Considering above finding, it is opined by the panel that termination of pregnancy is feasible and carries the same risk as continuation of pregnancy.
In view of the aforesaid, issue Rule, returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State.
6.1 Considering the peculiar nature of facts, this matter is taken up for final consideration today.
Learned advocates appears for both the sides submitted that when doctors have clearly opined that while undergoing MTP procedure there is no risk to the victim, in that event, the minor daughter of the petitioner who is a rape victim, should not be let carrying unwanted pregnancy.
On overall consideration of the matter, it appears that the minor daughter of the petitioner is desirous to terminate pregnancy at her own risk, the minor daughter is permitted to undergo medical termination of pregnancy at Civil Hospital, Asarva, Ahmedabad.
8.1 Accordingly, Superintendent, Civil Hospital, Asarva, Ahmedabad, is requested to arrange for medical termination of pregnancy of the minor daughter of the petitioner at the earliest.
Resultantly, it is directed that the best medical facility be made available by ensuring proper care and supervision, termination of pregnancy shall be carried out. The doctors shall take necessary tissue from the fetus for DNA identification by following scientific practice prescribed by the Standard Medical Practice for DNA identification.
9.1 It is, however, clarified that minor daughter of the petitioner shall undergo the procedure of MTP at her own risk and it is further clarified that doctors who have put their opinion on the record, shall have the immunity in the event of occurrence of any litigation arising out of the instant petition.
It is further requested the Superintendent, Civil Hospital, Asarva, Ahmedabad to ensure the best medical treatment through the senior most Gynecologists of his confidence. Once termination of the pregnancy proceedings is over, the Superintendent, Civil Hospital, Asarva, Ahmedabad shall also depute one senior most Gynecologist to ensure that the periodical treatment as and when required by the victim, be given adequately.
The concerned office of the District Legal Services Authority is hereby directed to see that the victim shall get the interim compensation at the earliest.
The Superintendent, Civil Hospital, Asarva, Ahmedabad shall discharge the victim after completion of the termination proceedings after examining the victim and finding suitable to do so. Till then, the victim shall be kept in the Hospital.
The present petition is disposed of accordingly. Rule is made absolute accordingly. There shall be order as to costs.
Direct service today is permitted