Xxxx vs Government H.S.I.S Gosha & Others

Krishna S.Dixit, J

The subject matter of this writ petition is substantially similar to the one in W.P.No.5133/2021 wherein the learned Coordinate Judge of this Court vide order dated 12.03.2021 has granted the interim relief as under:

"Hence, by interim order, it is directed that:-

(i) Respondent No.3-District Hospital, Ramanagara is directed to carryout the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State. The petitioner shall not be liable to make payment of any amounts towards such procedure. The procedure is subject to further examination of the Doctor who has to conduct such a procedure and if in the opinion of the Doctor, such a procedure would cause harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure;

(ii) In the event of the Doctor being of the opinion that medical termination of pregnancy procedure has to be carried out and is in fact carried out, the foetus shall be preserved by respondent No.3 in such a manner as to facilitate DNA testing of the foetus. The respondent No.3- Hospital is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory at Bangalore/Hyderabad.

(iii) Respondent No.4 - Tavarekere Police Inspector, shall make necessary arrangements as may be necessary to facilitate the transport of the petitioner and her immediate family members/attendants to respondent No.3- Hospital for treatment and after such treatment for their transport back to their residence. In the event of any follow-up treatment being required and as advised by the treating doctor, respondent No.4 shall arrange for such transport at such times as advised and/or as directed by the Doctor, the same being carried out at the cost of the State;

(iv) Learned Advocate for petitioner has sought for payment of Rs.25,000/- (Rupees Twenty Five Thousand). The same shall be paid by respondent No.7-Child Welfare Committee, Ramanagara to the natural guardian of petitioner.

(v) Official respondents shall file status report in two weeks."

The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigants as well, there being no derogatory circumstances.

In the above circumstances, this writ petition succeeds; the impugned order is set at naught; first respondent is directed to reconsider the matter in the light of new provisions of the Medical Termination of Pregnancy (Amendment) Act, 2021, on a war footing regard being had to urgency; the answering respondent shall advert to the interim prayer made by the petitioner, as well.

No costs.