Disposed

Ms X v. State of Karnataka

Karnataka HC5 Feb 2024WP/1764/2024

Case brief

AI extract

What is this about?

A 14-year-old minor, impregnated by sexual assault in a POCSO/SC-ST Act crime, sought medical termination of her late-term pregnancy with DNA preservation and victim compensation. The court directed MTP per Medical Board opinion, ordered fetal tissue preserved for DNA testing, and awarded Rs.3 lakhs compensation.

What did the court decide?

Medical termination of pregnancy conducted at State cost; fetus preserved for DNA testing; Rs.3 lakhs victim compensation payable by KLSA within three months.

Ms X Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:4870 WP No. 1764 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1764 OF 2024 (GM-RES)

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BETWEEN:

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MS X D/O RAJANNA AGED ABOUT 14 YEARS MINOR RESIDING AT 8^TH CROSS, PRAGATI LAYOUT DODDANEKUNDI BENGALURU CITY KARNATAKA – 560 037 REPRESENTED BY THE SUPERINTENDENT GOVERNMENT GIRLS HOME BENGALURU.

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Digitally signed by PADMAVATHI B K (BY SRI A.S.VISHWAJITH, ADVOCATE) Location: HIGH COURT OF KARNATAKA AND:

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…PETITIONER

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STATE OF KARNATAKA REPRESENTED BY HOME DEPARTMENT THE CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.

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STATE OF KARNATAKA REPRESENTED BY

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NC: 2024:KHC:4870 WP No. 1764 of 2024

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HAL POLICE STATION OLD AIRPORT ROAD SECTOR 3, MARATHAHALLI BENGALURU – 560 037.

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KARNATAKA STATE LEGAL SERVICES AUTHORITY 1^ST FLOOR, NYAYA DEGULA H.SIDDAIAH ROAD BENGALURU – 560 027

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REPRESENTED BY MEMBER SECRETARY.

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SRI C.V.RAMAN GENERAL HOSPITAL 80 FEET ROAD, 560038 INDIRANAGAR, BENGALURU KARNATAKA – 560 030 REPRESENTED BY ITS

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DISTRICT SURGEON.

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CHILD WELFARE COMMITTEE - 2 BEHIND KIDWAI HOSPITAL DR.M.H.MARIGOWDA ROAD, HOSUR ROAD BENGALURU – 560 029 REPRESENTED BY ITS CHAIRPERSON.

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DISTRICT CHILD PROTECTION UNIT WELFARE DEPARTMENT COMPLEX BEHIND KIDWAI HOSPITAL DR.M.H.MARIGOWDA ROAD, HOSUR ROAD BENGALURU – 560 029.

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…RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R-1 AND R-2; SMT.SHILPA RANI, ADVOCATE FOR R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

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THE CONSTITUTION OF INDIA PRAYING TO DIRECT R4 TO

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NC: 2024:KHC:4870 WP No. 1764 of 2024

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ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY OF THE PETITIONER; DIRECT R4 TO PRESERVE THE TERMINATED FETUS/PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA TESTING AND ANALYSIS AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner – victim is before this Court seeking the following prayer:

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a. “Issue an appropriate Writ of Mandamus or any other appropriate Writ, order or direction, directing Respondent No.4 to admit the Petitioner and take necessary medical steps to terminate the pregnancy of the Petitioner;

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b. Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing or Respondent No.4 to preserve the terminated fetus / product of conception for the purpose of DNA testing and analysis;

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c. Issue a Writ of Mandamus or any other an appropriate Writ, order or direction directing Respondent No.2, to take any and all steps to conduct DNA tests at the State Forensic Laboratory, Madivala, Bengaluru of the terminated fetus/product of conception for the purpose of investigation and trial in Crime No.0021/2024 at (Annexure – D) the HAL Police Station;

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d. Issue a Writ of Mandamus or any other an appropriate Writ, order or direction directing the

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4 - NC: 2024:KHC:4870 WP No. 1764 of 2024

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Respondent No.3 Karnataka Legal Services Authority to disburse a sum of Rupees one lakh and / or any other further amounts to the petitioner in order for her to meet the expenses of medical treatments, counselling services, and any other medical care as she may require;

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e. Grant such or other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the above case as also compensation for their losses and costs in the above in the interests of justice and equity.”

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Heard Sri Vishwajith, learned counsel for petitioner and Sri Kiran Kumar, learned High Court Government Pleader for the respondents – State.

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This Court in terms of the order dated 18.01.2024, the victim – petitioner, who is a minor, aged 14 years, was referred to K.C.General Hospital to give an opinion of the doctor concerning the petitioner to undergo medical termination of pregnancy as also the condition of the foetus. In terms of the order dated 22.01.2024, after receipt of the report of the hospital, the hospital was directed through the respondents – State to undertake medical termination of pregnancy of the victim. The order reads as follows:

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NC: 2024:KHC:4870 WP No. 1764 of 2024

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“3. The victim - petitioner is aged 14 years. She is a victim of sexual assault at the hands of the accused in Crime No.21 of 2024 for offences punishable under Section 3(1)(w)(i) and (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w. Section 3(a), 4, 5(j)(ii), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 376 of the Indian Penal Code, 1860. On account of Amenorrhea for few months, the petitioner – victim herself tested with the help of a pregnancy kit and got to know that she was pregnant. The documents appended to the petition would indicate that the petitioner was examined at Sri C.V.Raman General Hospital, Bengaluru, on 10.01.2024. The Obstetric Ultrasound examination report resulted in an indication that the petitioner is 25 weeks and 3 days pregnant.

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4. In view of the impending urgency, this Court by an order dated 18.01.2024, referred the victim for examination to K.C.General Hospital, Bangalore to constitute Medical Board of Gynecologist, Pediatrician and all necessary experts, who shall examine the petitioner on 22.01.2024 and render an opinion as to the fitness of the victim to undergo medical termination of pregnancy as also the condition of the foetus.

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5. The report of the K.C.General Hospital, Bengaluru, is received today and it reads as follows:

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”GOVERNMENT OF KARNATAKA

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K.C.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU

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No:KCGH/MTP/01/2023-24 Date:20/01/2024

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Medical Termination Pregnancy (MTP) Medical Board opinion in respect of victim – petitioner, age 14 years, as per the order by Honorable High court of Karnataka at Bengaluru. W.P. No.1764/2024. Dt: 18-012024, to opine regarding fitness for Medical Termination Pregnancy (MTP) and to know the condition of the fetus.

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Victim – petitioner was brought to K C General Hospital on 19-01-2024 at 10.19am accompanied by child welfare committee support persons Mrs. Shilpa, Mrs.Sujatha and Mrs. Adhvi from enfold organization.

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We the members of MTP medical board at K C General Hospital, Bengaluru have examined the victim – petitioner with relevant investigation done, UHID No:

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NC: 2024:KHC:4870 WP No. 1764 of 2024

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202400002599 on 19-01-2024 from 10.19am to 4.00pm and repeat ultra sonography (USG) done. According to the USG (ultra sonography) report it is single live intrauterine gestation of 26 weeks 6 days and growth is appropriate for gestational age. Her Complete Blood Count (CBC). Hb. 9.3g/dl & HCT 28.2% (copy attached).

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We the board members opine that she can be considered for Medical Termination Pregnancy (MTP) with due risk and necessary precautions to correct anemia during the procedure is needed with psychological support as it is teenage pregnancy.”

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In the light of the afore-quoted opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions to correct anemia during the procedure for termination with psychological support. It would become necessary for a direction to be issued to the Hospital to undertake termination of pregnancy. Therefore, the following:

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ORDER

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1. Mandamus issues to K.C.General Hospital, Bengaluru, through the respondents - State 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.

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2. 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;

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3. The petitioner shall not be liable to make payment of any amounts towards such procedure.

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4. 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 K.C.General Hospital in such a manner as to facilitate DNA testing of the foetus. The said Hospital is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory at Bangalore.

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5. Respondent No.2 – HAL Police shall make necessary arrangements as may be necessary to facilitate the transport of the petitioner and her immediate family members/attendants to the said 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, 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.

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6. If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so tht it develops into a healthy child.

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7. If the petitioner is not willing to assume the responsibility of the baby, the State and its agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015.Official respondents shall file status report in two weeks.

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8. Official respondents shall file status report in two weeks.

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9. A copy of this order shall be furnished to learned Additional Government Advocate.

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10. Registry shall communicate this order to the Hospital – the Medical Superintendent of K.C.General Hospital, forthwith, by way of electronic mail.

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4. Learned Additional Government Advocate would submit

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that in terms of the afore-quoted order, the petitioner - victim has undergone the medical termination of the pregnancy, without any complexity.

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As per the Government Order dated 25.09.2018, issued by the State by implementing the model victim compensation guidelines i.e., the Compensation Scheme for Women Victims/Survivors of Sexual Assault / other Crimes – 2018, framed by the National Legal Services Authority, as per the schedule applicable to women victim of crimes indicated in the aforesaid government order, the compensation of `3/lakhs is awarded to the petitioner – victim, payable by the respondent No.3 – Karnataka State Legal Services Authority.

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For the aforesaid reasons, the following:

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ORDER

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a. The writ petition is disposed.

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b. As the medical termination of pregnancy is complete, the procedure to be followed after the termination shall be followed by the respondents – State as directed by this Court in terms of the order dated 22.01.2024.

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