Allowed

Xyz through Father Dhondiba Warba Horgil v. the State of Maharashtra and Others

Bombay HC23 Aug 2019WP/10375/2019

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by a mentally challenged, disabled rape victim seeking termination of pregnancy at 24 weeks. Acting on a medical committee report and statutory provisions regarding rape-induced pregnancy, the petition was granted.

What did the court decide?

Termination of pregnancy allowed at Government Medical College and Hospital, Aurangabad, or Nanded if travel is medically inadvisable; forensic samples to be preserved.

Xyz through Father Dhondiba Warba Horgil Vs… — Pension and Retirement Benefits | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 10375 OF 2019

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XYZ THROUGH FATHER DHONDIB WARBA HORGIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner : Mr. Patil Hanmant V.
AGP for Respondents: Mrs. A. V. Gondhalekar

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...

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CORAM: S. V. GANGAPURWALA & K. K. SONAWANE, JJ. DATE: 23rd AUGUST, 2019

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PER COURT:

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1.The petitioner is mentally challenged, so

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also, 75% disabled and is a rape victim. The
petition is moved for termination of pregnancy.

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2.Under order dated 21.08.2019, we had directed

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the petitioner to get examined by the Committee
constituted at Dr. Shankarrao Chavan Government
Medical College, Nanded. Pursuant to the order,

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the petitioner is examined by the committee
constituted by Dean, Dr. Shankarrao Chavan
Government Medical College, Nanded. The committee

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has submitted the report. The report reads thus -

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“

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Report

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All the MTP Committee Members examined the patient individually, as per your letter No. WP/AVG/2019 date 21.08.2019 with Subject Writ Petition No. 10375/2019 Dist. Parbhani.

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Patient Meena Dhondiba Horgil D/O Dhondiba Horgil (S/O Warba Horgil) Age 26 Years female with MRD No. 801744 unmarried primigravida with 24 weeks pregnancy with Dwarfism & Kyphoscoliasis, Victim of Sexual Assault. After examination of the patient by specialist considering opinion of Gynaecologist, Cardiologist, Anesthetist, Orthopedician & Psychiatrist along with other committee members are of the opinion that the patient is having 75% physical disability with unmarried status.

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The committee is of the opinion that continuation of pregnancy will be of high risk for the patients life. So termination of pregnancy is recommended for this patient on physical & mental trauma ground with permission of Hon High Court & relatives consent but as the patient is having additional clinical problem with 75% physical deformity termination of pregnancy at this gestation of 24 weeks will be of reasonable high risk to her life. Hence committee is of the opinion that such high risk pregnancy termination preferably is to be carried out at higher centre with super speciality services.”

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3.The report suggest that the continuation of
the pregnancy will be of high risk for the
petitioner's life. The termination of pregnancy is

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recommended on physical and mental trauma grounds.

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4.In addition to the above, the petitioner is a
rape victim. Explanation No. I to Sec. 3(2)(ii) of
the Medical Termination of Pregnancy Act, 1971
(for short “said Act”) states that, where any
pregnancy alleged by the pregnant woman to have
been caused by rape, the anguish caused by such
pregnancy shall be presumed to constitute a grave
injury to the mental health of the pregnant woman.

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5.It appears that, the FIR bearing Crime No.
324 of 2019 dated 01.08.2019 is registered with
Gangakhed Police Station.

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6.Considering Explanation-I to Section 3(2)(ii)
of the said Act and the opinion of the committee
and the fact that the petitioner claims to be a
rape victim, we allow the petitioner to terminate
pregnancy. The committee has opined that it is the

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case of high risk pregnancy termination. The
termination of the pregnancy should be carried out
at higher centre with super speciality

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services. Mrs. Gondhalekar, learned Additional
Government Pleader informs that it would be better
if the procedure for termination of pregnancy is
conducted at the Government Medical College and
Hospital, Aurangabad having better facilities.

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7.The petitioner may get the pregnancy
terminated at Government Medical College and
Hospital, Aurangabad. The petitioner, at present,
is admitted with Dr. Shankarrao Chavan Government
Medical College, Nanded. The hospital where the
petitioner is admitted may also guide the
petitioner as to whether it would be advisable to
the petitioner to travel to Aurangabad for
termination of pregnancy. If it is not medically
advisable to allow the petitioner to travel to
Aurangabad, then her pregnancy shall be
terminated at Dr. Shankarrao Chavan Government
Medical College, Nanded as the petitioner at

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present is admitted in that hospital.

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8. Considering the fact that the pregnancy

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carried by the victim is a result of offence of
rape, complaint has already been lodged. The
hospital where pregnancy of petitioner would be
terminated shall preserve tissue sample and blood
sample of the foetus for carrying out necessary
medicaltestsincludingDNA,finger

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printing/mapping. The Investigating Officer who
conducted the investigation in the matter shall
ensure that the samples of tissues and blood etc.
shall be forwarded to the Regional Forensic
Laboratory,AurangabadforDNA,finger

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printing/mapping and for carrying necessary tests
and the samples and report shall be preserved for
the purpose of trial of the offence.

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9.The police authority/investigating machinery
may approach the hospital where the petitioner
would terminate the pregnancy. The petitioner
shall also inform the concerned police station
about the day the petitioner is to terminate the
pregnancy.

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10.In the light of above, the writ petition is
disposed of. No costs.

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11.Authenticated copy be given.

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[K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.]

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marathe

Xyz through Father Dhondiba Warba Horgil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Xyz through Father Dhondiba Warba Horgil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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