Disposed

Y and Another v. State of Up and Another

Allahabad HC27 Aug 2024WRIC/26686/2024

Case brief

AI extract

What is this about?

Writ petition by a rape victim's father seeking direction to the Chief Medical Officer, Kanpur Nagar to enable medical termination of pregnancy. Medical board report indicated gestation below 24 weeks. Relying on statutory presumption in Section 3(2)(i) and a Supreme Court decision, the Court directed constitution of an expert team to terminate the pregnancy.

What did the court decide?

Direction to respondent no.2 to constitute expert doctors' team to medically terminate the pregnancy of 'X' preferably within one week; fetus preserved for forensic examination.

Y and Another vs State of Up and… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:144890-DB

¶2

Court No. - 39

¶3

Case :- WRIT - C No. - 26686 of 2024

¶4

Petitioner :- Y And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Kundan Kumar,Ranjeet Kumar Sonkar Counsel for Respondent :- C.S.C.

¶5

Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

¶6

Heard Shri Kundan Kumar, learned counsel for the petitioner and Shri Anubhav Chandra, learned Standing Counsel for the State.

¶7

The present petitioner has been filed primarily to seek a direction upon the respondent no.2/ Chief Medical Officer, Kanpur Nagar to enable medical termination of pregnancy caused to a victim of crime/ 'X'. To the extent the 'X' is described as a victim of crime of rape resulting in the pregnancy, there is no doubt. FIR allegations exists. During the investigation, allegations of rape has emerged. At present, investigation is still pending under Sections 504, 506, 376(2) IPC read with Section 3/1, 3/2 of SC/ST Act and Section 4(2) of POCSO Act.

¶8

As to the term of pregnancy, according to the petitioner the same is less than 24 weeks.

¶9

In view of such facts brought before the Court, we had required 'X' to be examined by appropriate team of doctors to be constituted by the Chief Medical Officer, Kanpur Nagar. The report of the Chief Medical Officers, Kanpur Nagar is on record and clearly more than two registered medical practitioners have submitted the statutory report in terms of the fulfillment of the statutory

¶10

requirement. It clearly indicates that there is no positive opinion that the pregnancy being suffered by 'X' is more than 24 weeks. The report indicates, it may be less than 24 months.

¶11

Section 3(2)(i) read with Explanation-2 would lead us to the conclusion that there exists a statutory presumption that the pregnancy being suffered by 'X' causes grave injury to her mental health. There is no material existing to dislodge that statutory presumption.

¶12

That principle has also been recognized, recently in a three judge bench decision of the Supreme Court in Miscellaneous Application No.2157 of 2023 in Writ Petition (Civil) No.1137 of 2023, X Vs. Union of India and Another .

¶13

Accordingly, the writ petition is disposed of with a direction upon respondent no.2 to constitute appropriate team of expert doctors to medically terminate the pregnancy suffered by 'X' the victim girl/ daughter of the informant 'Y' in Case Crime No.142 of 2024, Police Station- Bidhnu, District- Kanpur Nagar. The direction may be carried preferably within a period of one week from today.

¶14

Let a copy of this order be made available to Shri Anubhav Chandra, learned Standing Counsel by tomorrow for onward communication and due compliance.

¶15

The medical reports received in the sealed cover may be retained in sealed cover.

¶16

The aborted fetus may be preserved in accordance with law for forensic examination/ evidence.

¶17

Order Date :- 5.9.2024 A Gautam

¶18

(Donadi Ramesh,J.) (S.D. Singh,J.)

¶19

Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Y and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Y and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shyam Gothanwal vs Smt Shadhna

Smt Sarvesh Chauhan vs State of Up and Another

Jagdish @ Jagdish Chauhan Senior Citizen vs State of Upand 6 Others

Riyasat Ali vs State of U.P. and 4 Others

Y and Another vs State of Up and Another

Sunil Kumar Singh vs Bhagwati