AI Structured Summary
Not yet generated for this judgment
Judgment
N.Nagaresh, J
The petitioner is a victim of sexual offence. Crime No.570/2021 has been registered in Palode Police Station, Thiruvananthapuram Rural under
Sections 376(2), 376(2)(f) and 376(2)(n) IPC and Sections 4, 3, 6, 5(j)(ii), 5(l), 5(n) of the Protection of Children from Sexual Offence Act, 2012.
Due to the offence, the victim is at present 14 weeks (98 days) pregnant. The undesired and unwanted pregnancy has worsened the physical health
of the victim and the victim is being subjected to continuous mental trauma. In the circumstances, the victim has filed this writ petition through her
mother, seeking to direct the 2nd respondent to conduct Medical Termination of Pregnancy of the petitioner.
Heard learned counsel for the petitioner and learned Government Pleader representing the respondents.
Ext.P1 FIR would disclose the unfortunate circumstances under which the victim is forced to approach this Court. Ext.P3 Cardiac Activity OBS
Scan (TAS) Report would evidence that foetal cardiac activity is clearly visualised on examination and a single live intrauterine embryo of gestational
age 10 weeks one day as per biometry has been noted.
When this writ petition came up, this Court passed an interim order on 26.05.2021 impleading the Superintendent, SAT Hospital,
Thiruvananthapuram, suo motu as additional 3rd  respondent. The additional 3rd respondent was directed to convene a Medical Board for
examination of the petitioner.
The Medical Board so constituted consisted of the following members:
“1. Dr. Susan Uthup, Superintendent, SATH, Government Medical College, Trivandrum.
Dr. Sreekumari R, Prefessor & Head, Department of O & G, SAT Hospital, Government Medical College.
Dr. Adma Harshan, Associate Professor, O6 unit Chief, Department of O & G, SAT Hospital, Government Medical College.
Dr. Priyasree J., RMO, Gynaec, SAT Hospital, Government Medical College, Thiruvananthapuram.
Dr. Mili Babu, Associate Professor, Department of Psychiatry, Government Medical College.â€
The Medical Board noted that the petitioner had multiple episodes of vomiting symptomatically managed and the victim was taken to DH,
Nedumangad. The victim was detected to be UPT positive and POCSO registered at DH, Nedumangad. The petitioner was brought to the SAT OPD
on 29.05.2021.
After medical examination, the Board came to the following conclusion:
“17 year, primi gravida, T 1 POG, 16 weeks, 6 days (POCSO). Patient and mother are insisting for Medical Termination of Pregnancy, so decided for the same
considering the mental health of the patient. The chances of hysterotomy and need for blood transfusion explained to the mother and patient.â€
It is evident that the petitioner is only 17 years old and happened to bear an unwanted pregnancy consequent to a cruel criminal offence. It is
evident that the petitioner is suffering physically and mentally. The Medical Board consisting of expert Doctors has submitted its report dated
31.05.2021 has advised MTP considering the physical and mental health of the victim.
In the circumstances, the writ petition is allowed and the 2nd respondent is directed to conduct Medical Termination of Pregnancy on the petitioner,
taking all precautions and in the presence of requisite team of Doctors and supporting paramedical staff, at the earliest.