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Judgment
M. R. Mengdey, J
Rule. Learned APP waives service of rule for and on behalf of the respondent-State.
On 15.05.2023, this Court has passed the following order:
“Present application has been filed with a prayer for medical termination of pregnancy of the victim who is aged below 18 years. An offence is punishable under the provision of POCSO has been registered against the accused person. The victim is carrying pregnancy of 13 weeks and 2 days. The victim shall be referred to the medical board, for ascertaining as to whether, it would be medically advisable for termination of pregnancy. The victim shall appear before the medical board at local civil hospital on 17.05.2023.
The medical board shall furnish its detailed report for perusal of this Court. Stand over to 19.05.2023. Rule. Learned APP waives service of notice of Rule on behalf of the respondent- State of Gujarat.
Direct Service is permitted today.”
Upon which victim had appeared before the Medical Board at Government Hospital, Veraval Dist: Gir-Somnath on 16.05.02023, she was examined by the Medical Board as directed by this Court. The report of the medical board is produced today on record as per said report victim can undergo MTP procedure. Learned advocate for the petitioner submitted the affidavit of Ms. Rashid Rajakbhai Arab, who happens to be the mother of the victim and same is also ordered to be taken on record. The same reads as under:
“6. That, I being her mother and Natural Guardian hereby renders my full and complete consent for termination of her Medical pregnancy and request this Honorable Court to grant requisite relief and issue appropriate directions as prayed for.”
Considering the same, present application is allowed and DNA of the foetus is directed to be maintained for evidential purpose.
Learned APP has pointed out that since the pregnancy is at advance stage, it would be injurious to both the petitioner and the child.
However, learned advocate for the petitioner strongly urged, upon the instructions of her client that the petitioner is a victim and she may be allowed to abort the child at her own risk, and she has placed reliance upon the judgment dated 13.08.2019 passed by Hon'ble Bombay High Court in Writ Petition No.8772 of 2019.
On the overall consideration of the matter on record, it appears that since the petitioner is desirous of termination of pregnancy at her own risk, the petitioner is permitted to undergo medical termination of pregnancy at Civil Hospital,Veraval (Dist. Gir-Somnath). Accordingly, Medical Superintendent/Seni Gynecologist, General Hospital, Veraval (Dist. Gir Somnath) is requested to arrange for the procedure of medical termination of pregnancy of petitioner at the earliest.
It is clarified to the learned advocate for the petitioner and the petitioner also about the risk factors involved in the procedure and that petitioner shall undergo the procedure of medical termination of pregnancy at her own risk. It is further made clear that the doctors, who have put their opinion on record, shall have the immunity in the event of occurrence of any litigation arising out of the instant Petition. All concerned, including the Medical Superintendent/Senior Gynecologist, General Hospital, Palanpur, Dist. Veraval (Dist. Gir Somnath) shall act accordingly.
Present petition is accordingly disposed of. Rule is accordingly made absolute. Direct service is permitted.