Unknown vs State Of Manipur & 4 Ors

Lanusungkum Jamir, J

(Video Conference)

Heard Ms.Noutuneshwari, learned counsel for the petitioner. Also heard Mr.Lenin Hijam, learned Addl. A.G, Manipur appearing on behalf of all the

respondents.

The petitioner is presently about 19 years of age and a resident of Khurai Thangjam Leikai, PO & PS Porompat, Imphal East District, Manipur. The

petitioner had met one Wakambam Geetchandra Singh @ Alex, aged about 31 years and they had an affair. Thereafter, they proceeded to Gujarat in

the month of March, 2021 by flight through Delhi for bringing back the younger brother of the petitioner. During that period, the petitioner alleged rape

by the said Wakambam Geetchandra Singh. On return to Imphal, the petitioner made a complaint to the Officer-in-Charge, Women Police Station,

Lamphel, Imphal West on 12.12.2021 by intimating the facts and circumstance. Thereafter, FIR No.42(12)2021 WPS u/s 376/366/323/493 IPC was

registered and accused was under interim pre-arrest bail passed by the learned Sessions Judge, Impha West in Cril Misc (AB) case No.172 of 2021.

WP(C) NO.4 OF 2022 (O R A L) The petitioner started to have pain in the lower abdomen, for which, she was taken to the Regional Institute of

Medical Sciences, Lamphelpat on 22.12.2021. The concerned Doctor who treated the petitioner advised USG test and the petitioner did the test at

AADARSH Laboratory (Clinical) Kanglapark, on 23.12.2021. The report given by the Adarsh Laboratory (Clinical) on 23.12.2021 indicated as under:

Single live foetus in transverse lie.

Normal foetal movement and cardiac activity is seen. Amniotic fluid is adequate.

Placenta is located posteriorly (grade-I)

Thereafter, the petitioner made a representation to the Director, Health Services, Government of Manipur, Lamphelpat, Imphal West for granting

permission for termination of the pregnancy made consequent to the untoward incident. Consequently, the Chairman, Special State Medical Board,

Directorate of Health Services, Manipur wrote a letter on 3.1.2022 to the Officer-in-Charge, Women Police Station, Imphal West, requesting to

produce the victim/petitioner before the Special State Medical Board on 5.1.2022 at 2 PM.

The petitioner was examined by the Special State Medical Board (SSMB) on 5.1.2022 and the comments of the Special State Medical Board reads as

under:

Comments of the Special State Medical Board:

The board has established the fact that she is pregnant (16 weeks) and also she wants to terminate this pregnancy.

The board has perused Section 3 Sub-Clause (2)(a) and (b) of the Medical Termination of Pregnancy (Amendment) Act, 2021 and also other

provisions of the Act. Upon examination of the present case of the applicant is covered by Section 3 Sub-Clause (2)(a) and WP(C) NO.4 OF 2022 (O

R A L)

(b) this of Act.

However, the Special State Medical Board suggests her to approach appropriate authorities.

The petitioner has approached this Court praying for termination of the pregnancy by way of the present writ petition.

On 10.01.2022 this Court had directed Mr.Lenin Hijam, Learned Addl. A.G, Manipur to get necessary instructions as to the authorised/competent

Medical Practitioner as provided under Rule 4A(c) or any other provisions of the Amended Act and Rules of the Medical Termination of Pregnancy

Act, 2021.

The State respondents, particularly, respondent No.4 and 5 have filed an affidavit on 17.1.2022 stating that on receipt of the application dated

30.12.2021, the respondents have perused the provisions of the Medical Termination of Pregnancy Act, 1971 and its amended Act of 2021 and Rules

thereunder and the length of pregnancy lies within the specified period under Section 3 Sub-Section (2)(a) and (b) of the Amended Act of 2021. It is

further stated that in terms of Section 2(d) of the Principal Act of 1971, registered medical practitioner means a Medical Practitioner who possess any

recognized medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act (102 of 1856), whose name has been entered

in a State Medical Register and who has such experience or training in gynecology and obstetrics as may be prescribed by rules made under this Act.

Learned counsel for the petitioner submits that the petitioner has completed 18 weeks of pregnancy and is running in the 19th week and, therefore, an

urgent direction is required inasmuch as the petitioner is interested to have termination of her pregnancy.

This Court has also considered the Medical Termination of Pregnancy (Amendment) Rules, 2021 and Amendment Act which WP(C) NO.4 OF 2022

(O R A L) was published in the Gazette of India on 25.3.2021. Section 3 (2) reads as under:

(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be

prescribed by rules made under this Act, if not less than two registered medical practitioners are, In the present case, as noted by the Special State

Medical Board, in its sitting held on 5.1.2022 that the case of the petitioner is covered by Section 3 sub-Clause (2)(a)(b) of the Act of 2021 and the

petitioner having expressed her desire to terminate the pregnancy before the SSMB and also taking into consideration that the pregnancy in the

present case has been the result of an alleged rape, which has led to the filing of an FIR, this Court permits the petitioner to terminate her pregnancy

by also taking into consideration the observations made by the SSMB.

On a pointed question made to the learned counsel for the petitioner as to whether the petitioner has any Doctor of her choice for undergoing

termination of her pregnancy, learned counsel submits that the petitioner has no particular choice of her own and would be satisfied if the Court directs

a particular hospital to terminate her pregnancy.

In that view of the matter, the petitioner is directed to approach the Department of Obstetrics and Gynecology in the Regional Institute of Medical

Sciences, Imphal inasmuch as she was treated by the Institute on production by the Investigating Officer of the case on 22.12.2021. It is to be borne in

mind that the element of time is extremely significant in the case of pregnancy as every day matters and, therefore, the hospitals should be absolutely

careful and the treating Physicians should be well advised to conduct themselves with WP(C) NO.4 OF 2022 (O R A L) accentuated sensitivity so

that the rights of a woman are not hindered.

A special request is also made to the Director of RIMS and the Medical Superintendent, RIMS, to extend all possible help to the petitioner to undergo

termination of her pregnancy by respecting the bodily integrity, personal autonomy and sovereignty of her body and the concept of consent by a

guardian in the case of major should not be overemphasized.

The petitioner is directed to approach the RIMS authorities at the earliest and necessary exercise be taken at the earliest but not later than 20.01.2022.

It is also directed that the blood sample and tissue sample of the foetus shall be preserved for the purpose of carrying out necessary medical tests

including DNA and other tests, as may be ordered. The Investigating Officer, conducting the investigation shall ensure that the samples are forwarded

to the Forensic Science Laboratory and preserved for the purpose of trial of the offence.

The writ petition is, accordingly, disposed of. The Registry is directed to furnish a copy of this order to learned counsel for the parties through their

respective emails/WhatsApp and also to the Director of RIMS and Medical Superintendent, RIMS, by a Special Messenger within the course of the

day.