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2019 DIGILAW 40 (JK)

X v. State of J&K

2019-01-30

DHIRAJ SINGH THAKUR

body2019
JUDGMENT : DHIRAJ SINGH THAKUR, J. 1. The petitioner Miss X, who is a victim of rape, has filed the present petition through her mother, seeking a direction to the respondents No. 1 to 3 to medically terminate her pregnancy to protect her life and dignity. 2. By virtue of order dated 24.01.2019, this court had directed the Principal Govt. Medical College, Jammu to constitute a Medical Board immediately to render an opinion regarding the status of the fetus and whether the termination of pregnancy of the petitioner would be harmful to the health of the petitioner. 3. The medical board so constituted has now submitted a report with an opinion that the termination of pregnancy would not be harmful to the health of the petitioner over and above the usual risk associated with the procedure. 4. According to the medical report, the age of the fetus is approximately twenty weeks and three days as on 28.01.2019. Since the age of the minor is about 16 years, this court interacted with the petitioner's mother, who insisted on the termination of the pregnancy in view of the fact that carrying a pregnancy and delivering the baby would be disastrous to the mental and psychological health of the petitioner. 5. Following the orders of the Apex Court in Ms. Chanchala Kumari v. Union of India and ors. and Venkatalakshmi v. State of Karnataka and ors. and keeping in view the fact that the petitioner, who is a victim of rape, is a minor and would suffer severe physical as well as mental trauma, which would be injurious to her over all physical, mental and psychological development, it is deemed appropriate that the petitioner be permitted to undergo the procedure for termination of her pregnancy. 6. It is accordingly ordered that the petitioner shall make herself available in the office of Principal, Government Medical College, Jammu on 1st of February, 2019 at 11.00 AM, who shall ensure that appropriate medical procedure is conducted with a view to terminate the pregnancy of the petitioner under proper medical supervision through specialists in the field. The fetus shall be preserved by the authorities for further DNA tests with reference to the criminal case registered under FIR No. 0194/2018, with Police Station, Gandhi Nagar, Jammu. Such post-operative care as may be required shall also be provided to the petitioner. 7. Disposed of accordingly.