Disposed

Ms. D v. State of Rajasthan

Rajasthan HC9 Nov 2023CW/17999/2023

Case brief

AI extract

What is this about?

The petitioner, a rape survivor and 29-week pregnant woman, sought termination of pregnancy. The Medical Board opined termination was unsafe and the foetus was normal. The court, relying on this opinion, refused termination orders but noted future options for child rehabilitation exist.

What did the court decide?

No direction for termination of pregnancy issued; petitioner to seek child rehabilitation post-birth.

Ms. D Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:38890]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 17999/2023

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Ms. D

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Secretariat, Jaipur.

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The Chief Medical And Health Officer, District Pali.

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The Superintendent Of Police, District Pali.

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----Respondents

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For Petitioner(s)	: Mr. Rajat Dave for
	Mr. Sheetal Kumbhat
For Respondent(s)	: Mr. Pankaj Sharma, AAG Mr. Rishi Soni

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HON'BLE MS. JUSTICE REKHA BORANA

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Judgment

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09/11/2023

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The present petition has been preferred with the averment that the petitioner is a rape survivor and is pregnant with a pregnancy of around 29 weeks. A prayer has been sought for direction to respondent No.2 to take steps for termination of pregnancy of the petitioner.

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Vide order dated 08.11.2023, this Court had directed the respondent authorities to furnish a medical opinion regarding her pregnancy termination with a categorical opinion of risk involved to the girl as well as the chance of surviving of the unborn child.

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In pursuance to the order dated 08.11.2023, the opinion of the Medical Board, as constituted on 08.11.2023 itself, has been placed on record today by learned AAG. As per the medical

(2 of 2)

[2023:RJ-JD:38890]

[CW-17999/2023]

opinion, the termination of pregnancy is not at all safe for the petitioner and further, that there is no abnormality in the foetus and there is complete probability of the petitioner giving birth to a healthy child.

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In view of the medical opinion as given by Medical Board, this Court does not find any ground to issue any directions in favour of the petitioner for termination of her pregnancy.

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However, after the birth of the child, it shall be open for the petitioner to seek rehabilitation of the child including the process of adoption, if any, which shall be dealt with by the State strictly in accordance with law.

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Accordingly, the present writ petition is disposed of .

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All pending applications, if any, also stand disposed of.

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(REKHA BORANA),J

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133-KashishS/-

Ms. D v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ms. D v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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