Kum Jyothi v. State of Karnataka
Case brief
What is this about?
Medical termination of pregnancy; intellectual disability 75%; mental retardation; rape survivor; gestational age 20 weeks; Bharatiya Nyaya Sanhita (BNS) 2023 Section 64(2)(i) Section 64(2)(k); Crime No.68/2025 Kuderu Police Station; DNA test of terminated fetus; preserve foetus for DNA profiling; victim compensation Karnataka Victim Compensation Scheme 2011 Rs.40,000; mandamus Article 226 Constitution of India; Chamarajanagar Institute of Medical Sciences Medical Board; District Legal Services Authority legal aid; Karnataka State Legal Services Authority; High Court of Karnataka WP No. 32244 of 2025 (GM-RES); Justice Suraj Govindaraj; writ petition allowed.
What did the court decide?
Mandamus directing respondent No.2 (CIMS) to terminate the petitioner's pregnancy in terms of the Medical Board report dated 28.10.2025; preservation of the terminated fetus for DNA testing; respondent No.4 to conduct the DNA test for investigation of Crime No.68/2025; respondent No.1 to bear the entire expenses of the MTP procedure; respondent No.5 to release Rs.40,000/- victim compensation within two days with the balance disbursed as determined by KSLSA; and a post-procedure report to be placed before the Court.