Allowed

A v. the State of Rajasthan

Rajasthan HC25 Feb 2021CW/3450/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a minor victim of sexual assault, sought termination of her pregnancy exceeding 20 weeks due to severe anemia. The Hon'ble Court, relying on the Pavani Kumari order, directed admission to the hospital, correction of anemia, and consideration of termination if deemed safe by treating doctors, even beyond 20 weeks.

What did the court decide?

Petitioner directed to admit to hospital, correct anemia; termination allowed if deemed safe by doctors after review even after 20 weeks; DNA preservation for seven years.

A Vs the State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3450/2021

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A, (Name Not Disclose As Per Hon'ble Court Order)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Secretary, Medical Health And Family Welfare Department, Govt. Of Rajasthan, Jaipur.

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Chief Medical And Health Officer, District Pali.

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The Superintendent, Bangur Hospital, Pali, District Pali.

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----Respondents

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For Petitioner(s) : Mr. Kunal Kalla For Respondent(s) : Mr. Pankaj Sharma, AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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25/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Learned counsel for the petitioner has drawn attention of this Court towards the order passed by this Hon’ble Court in Pavani

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Kumari Vs. State & Ors. (S.B. Civil Writ Petition

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No.5646/2020) on 27.07.2020, which reads as follows:

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“This petition has been filed by the minor petitioner seeking direction for medical termination of her pregnancy on account of the reasons indicated in the petition pertaining to petitioner being subjected to sexual assault, resulting in her getting pregnant.

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It is indicated in the petition that though the fetus is less than 20 weeks and there is no prohibition under the provisions of Medical Termination of Pregnancy Act, 1971 for getting the pregnancy terminated, however, when the petitioner

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(2 of 4)

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[CW-3450/2021]

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approached the Juvenile Justice Board, Sirohi for the purpose, report of the Medical Board was sought and the Medical Board inter alia opined that the petitioner was having severe anaemia and, therefore, there would be requirement to have the services of two registered medical practitioners. The petitioner approached the Special Judge, Sirohi, who also dismissed the prayer and, therefore, the present petition has been filed seeking direction, as noticed hereinbefore.

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By order dated 23/7/2020 passed by a coordinate bench of this Court, Superintendent of Ummaid Hospital, Jodhpur was directed to constitute a Medical Board and give its opinion regarding permissibility of termination of fetus.

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Today, learned Addl. Advocate General has produced the report of the Medical Board, which reads as under:

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“All the routine investigations advised for maternal well being and USG advised for fetal Well being and status. USG shows gestational period of 19 weeks and 5 days with fetal well being. Maternal investigations are within normal limits except hemoglobin level which shows hemoglobin to be 6.5. gm% suggestive of severe anaemia. As the MTP act allows termination of pregnancy upto 20 weeks under the supervision of two senior Gynecologist. In this subject termination of pregnancy can be done only after correction of anaemia in next 2 days as per law. After 20 weeks of pregnancy termination can be considered after review examination of subject. All reports are enclosed in original.”

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A perusal of the above report reveals that petitioner indeed is suffering from severe anaemia, however, the Board has opined that after correction of anaemia, termination of pregnancy can be considered after review examination of the subject.

¶27

Learned counsel for the petitioner with reference to the report and the Division Bench Judgment in State of Rajasthan & Ors. vs. S & another : D.B.Civil Special Appeal (Writ) No. 1344/2019 decided on 1/5/2020 submitted that the respondents be directed to terminate the fetus of the petitioner after correcting her severe anaemia.

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(3 of 4)

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[CW-3450/2021]

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Learned AAG has no objection to the said submissions.

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In view of the above medical report and the fact that the petitioner, a minor, is alleged to have been subjected to sexual assault, it is directed that the petitioner may be admitted to General Hospital, Sirohi / Ummaid Hospital, Jodhpur as per petitioner’s choice, efforts be made for correction of anaemia as soon as possible and, thereafter, if the treating doctors, after review examination of the petitioner, considers the termination of pregnancy as safe, even if the same is after 20 weeks’ pregnancy, needful as prayed by the petitioner be done.

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Superintendent of the Hospital, where the petitioner decides to get admitted is directed to do the needful and take care of the fact that the same is done safely. The DNA of the fetus be preserved by the Hospital for a period of seven years.

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The petition stands disposed of accordingly.”

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In the present case also, the major petitioner is seeking medical termination of her pregnancy, which is the outcome of the sexual assault. By order dated 24.02.2021, the petitioner was asked to approach the Superintendent, Government Bangur Hospital, Pali to seek medical opinion regarding permissibility of termination of fetus.

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Today, learned Additional Advocate General has produced the report of the medical Board dated 25.02.2021, which reads as follows:

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“We the board members have examined the girl Rinku Bhati age 22 years and we present the following observations:-

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1. The pregnancy is 21 wk 3 day gestational age as per USG done on 18.02.2021 at Bangur Hospital, Pali.

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2. She is having moderate anemia, CBC shows Hb of 9.49% dated (25.02.2021), for which correction is required, for safe MTP procedure. As the pregnancy is of >20 weeks, the decision to terminate is left to the discretion of the Honourable Court. The procedure to conduct MTP is not safe today, as she is anemic.”

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(4 of 4)

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[CW-3450/2021]

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In light of the aforequoted order of Pavani Kumari (supra), the present petition is also disposed of with the direction that the petitioner shall admit herself to Government Bangur Hospital, Pali and the doctors shall make all efforts for correction of the anemia as soon as possible, and thereafter, if the treating doctors, after review examination of the petitioner, considers the termination of the pregnancy safe even if the same is after 20 weeks pregnancy needful as prayed by the petitioner be done. The Superintendent, Government Bangur Hospital, Pali is directed to do the needful and take care of the fact that the same is done safely. The DNA of the fetus, if the pregnancy is terminated, be preserved by the FSL laboratory concerned.

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(DR.PUSHPENDRA SINGH BHATI),J.

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174-Zeeshan

A v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

A v. the State of Rajasthan

Case brief

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