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2014 DIGILAW 1392 (PNJ)

Vijender v. State of Haryana

2014-10-07

K.KANNAN

body2014
JUDGMENT Mr. K. Kannan J. (Oral):- The writ petition is quite a needless exercise. 2. It is a case of a victim of rape seeking for assistance of Court to secure a medical termination of pregnancy through her guardian father. A complaint of rape has been filed and registered in FIR No.346 dated 17.09.2014 under Sections 376(2)/376(2)(1)/376(2)(n)/ 506 IPC. The petitioner has approached the Court of JMIC, Hisar for permission to terminate the pregnancy. The JMIC, Hisar has dismissed the petition stating that there is no provision in law to entertain such an application. 3. It is unfortunate that a Judge had taken an unrealistic view and dismissed the petition. It was, no doubt, not necessary for the petitioner to apply to Court for permission. All that the law requires in a case where a person is victim of rape is to secure the decision of two doctors committee if the pregnancy is more than 12 weeks. The District Medical Officer at the General Hospital, Hisar is directed to constitute a committee of two doctors, examine the rape victim who is said to be pregnant and if she is healthy to withstand the procedure for termination of pregnancy to take such decision in the manner contemplated under the Medical Termination of Pregnancy Act, 1971 and carry out the procedure forthwith. Since the prosecution of the case of rape instituted against a person who was responsible for the pregnancy of the minor child is reported to be pending, the hospital may also preserve the tissue of the foetus and arrange to have the tissue stored in an appropriate lab maintained by the Government and inform the jurisdictional police of the same so that the lab test relating to the person responsible for the pregnancy is collected. Before doing the procedure of termination of pregnancy, the hospital shall also elicit the consent of the petitioner and the concurrence of the rape victim. 4. I dispense with notice having regard to the urgency of the matter involved so that there is no time lost. The State is not likely to be prejudiced. 5. There has been a similar petition before this Court on a previous occasion which was disposed of in CWP No.14058 of 2014 decided on 02.08.2014. 4. I dispense with notice having regard to the urgency of the matter involved so that there is no time lost. The State is not likely to be prejudiced. 5. There has been a similar petition before this Court on a previous occasion which was disposed of in CWP No.14058 of 2014 decided on 02.08.2014. I had directed that in every case where a complaint of rape is lodged and the victim is found to have become pregnant and she does not want to retain the foetus, the pregnancy itself may be treated as involving grave mental injury and the medical assistance must be secured to the rape victim at the nearest Government hospital with a request through the rape victim or the guardian depending on whether the person is a minor or not to take an opinion from the competent medical personnel about the feasibility of termination of pregnancy and carry out the procedure without wasting any time. A rape victim shall not be further traumatized by putting through a needless process of approaching Courts for taking permission. The Medical Termination of Pregnancy Act does not contemplate such a procedure at all and the medical personnel before whom the person shows up is bound to respond to an information regarding complaint of rape and if evidence is available that the person is a victim of rape, the medical personnel will take decision regarding the termination of pregnancy and carry out the procedure. If a plea for termination of pregnancy is made that should be dealt with such sensitivity as the occasion demands. 6. In the writ petition referred to above in CWP No.14058 of 2014, this Court has directed the order copy to be dispatched to the Director General of Police for the States of Punjab, Haryana and Union Territory, Chandigarh. If this direction had been taken seriously and the information must have percolated to the SHO, he would not have forced the petitioner to approach this Court for appropriate direction. This order is directed to be sent to the Director General of Police, Haryana who will in turn communicate the matter to the SHO concerned and elicit the information as to why he did not assist the rape victim to secure the medical assistance in the manner that she deserved in spite of directions already given by this Court. 7. This order is directed to be sent to the Director General of Police, Haryana who will in turn communicate the matter to the SHO concerned and elicit the information as to why he did not assist the rape victim to secure the medical assistance in the manner that she deserved in spite of directions already given by this Court. 7. The writ petition is disposed of with the above directions. If the petitioner brings the rape victim with identification and produces the copy of this order, the District Medical Officer or the officer who holds the power of superintendence over the facilities in the Government Hospital, Hisar shall carry out the directions forthwith. A copy of this order be issued under the signature of Special Secretary of this Court. ------------------