Deepa @ Raj Laxmi Thru (Father) Sri Shiv Baran Verma v. State of U. P. Thru Prin. Secy. , Med. & Health Ser.
2015-09-07
DEVENDRA KUMAR UPADHYAYA, SHABIHUL HASNAIN
body2015
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya, J. – Heard Sri Mohsin Iqbal, learned counsel for the petitioner and learned Standing counsel for State of U.P., District Magistrate, District Barabanki and Chief Medical Officer, District Barabanki. 2. This petition arises out of an unfortunate incident. Mandamus has been sought by the unfortunate victim of rape to permit her to terminate pregnancy which is a result of undesired incident. The petitioner, who is a minor aged about 13 years, has pleaded through her father, that she may be allowed to undergo this abortion because she will be forced to live with a stigma and constant reminder of a most horrendous and despicable act committed upon her. It has been argued on behalf of the petitioner that in all aspects i.e. social, moral and physical, it will be most appropriate that such a permission may be granted. Learned counsel for the petitioner has placed before us an order of Hon'ble Supreme Court in the case of Chandrakant Jayantilal Suthar and another v. State of Gujarat passed on 28.7.2015 in Special Leave to Appeal (Crl.) No.(s) 6013/2015. In almost similar circumstances the Apex Court has passed the order which is before us. We are in respectful agreement with the mechanism and the procedure adopted by Hon'ble Supreme Court. Taking a cue from the aforesaid order of Hon'ble Supreme Court and also considering the impact of continuance of pregnancy on the physical and mental health of the victim, we intend to pass appropriate orders. 3. The matter belongs to District Barabanki which is an adjoining District to Lucknow. We are told that medical services as compared to Lucknow are not very good in Barabanki, hence, we feel it proper that Gynecology and Obstetrics Department of King Georges Medical University, Lucknow be requested to medically examine the petitioner. Therefore, we direct the Head of Department, Gynecology and Obstetrics, King Georges Medical University, Lucknow to constitute a team of three senior most teachers/doctors of the department who will be required to take a decision after examining the petitioner. 4. The aforesaid team of doctors shall examine the petitioner Km. Deepa alias Raj Laxmi and after having an interaction with her, shall decide about the seriousness of threat to her life and also about the impact of continued pregnancy on the mental health of the victim.
4. The aforesaid team of doctors shall examine the petitioner Km. Deepa alias Raj Laxmi and after having an interaction with her, shall decide about the seriousness of threat to her life and also about the impact of continued pregnancy on the mental health of the victim. If the aforesaid team of doctors forms an opinion that termination of pregnancy is safely possible, they shall perform necessary surgery/operation, if father of the victim gives his consent for the same. If there is no unanimity amongst the doctors the majority view of the doctors shall prevail. 5. In case of abortion, the authorities of King Georges Medical University, Lucknow shall take necessary tissue from the fetus and preserve it for DNA identification 6. Intimation of this order shall be sent to the Head of Department, Department of Gynecology and Obstetrics, King Georges Medical University, Lucknow and also to the Registrar of the said University by day after tomorrow i.e. by 9th September, 2015 by the Senior Registrar. 7. It is further provided that if father of Km. Deepa along with her approaches the Department of Gynecology and Obstetrics Department of King Georges Medical University, Lucknow on 10th September, 2015, the arrangement for her stay as indoor patient shall be made by the department and in a day or two from the date she is admitted, she can be examined. 8. It has also been pleaded that the victim is hopelessly poor, therefore, we provide that the expenses of medical examinations and follow-up operations/surgery, if any, shall, at the moment, be borne by King Georges Medical University, Lucknow, which shall later be reimbursed by the State Government. 9. List this case on 15th September, 2015 as fresh so as to know further progress in the matter. Direction issued.