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2023 DIGILAW 1887 (ALL)

Baru Singh v. State of U. P.

2023-08-04

VINOD DIWAKAR

body2023
JUDGMENT Vinod Diwakar, J. Heard Shri Suresh Kumar Maurya, holding the brief of Shri Parvat Singh, learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The petitioners have preferred the present petition for seeking direction to the Additional District Judge/Special Judge (POCSO Act), Meerut, to allow petitioner no.2 (hereinafter referred to as 'X') to terminate the unwanted pregnancy of about five months or alternatively, direct the CMO, Meerut to terminate the pregnancy of victim 'X'. The victim, 'X', is an unsound mind minor girl, aged about 17 years, and a victim of rape. The 'X' has been in guardianship of her grandfather, who is arrayed as petitioner no.1. The biological father of 'X' left home almost ten years ago, and his whereabouts are not known. 3. On perusal of the record, it transpired that an F.I.R. bearing No.0080/2023 under section 328, 376, 506 IPC read with sections 3 & 4 of POCSO Act, 2012 was registered on 11.6.2023 at P.S. Rohta, District Meerut against accused Lalu by the grand-father of the victim. The medical examination revealed that the victim is a minor and was four months pregnant at the time of registration of F.I.R. 4. The grand-father of the victim approached Chief Medical Superintendent Meerut to seek termination of the unwanted pregnancy of her grand-daughter. The application dated 5.7.2023 is annexed along with the petition as Annexure-4; unfortunately, the C.M.O., Meerut did not pay any heed to the request of the applicant, and after that, leaving no hope, on 19.7.2023, the Petitioner No.1 preferred an application to the learned Additional District Judge/Special Judge (POCSO Act), Meerut, seeking permission for termination of pregnancy. The application dated 19.7.2023 has been annexed as Annexure-5 to the writ petition. On perusal of the application, it transpires that it has been returned with the endorsement that the applicant may approach High Court for its redressal. 5. In the entire process, 54 days consumed since the date of registration of the F.I.R. till today. In the case of termination of unwanted pregnancy of a minor girl, who is also of unsound mind, each day is critical to the mental and physical health of the victim; regrettably, C.M.O. Meerut is unaware of the provisions of the law, in this regard, and is also insensitive to such issues. 6. In the case of termination of unwanted pregnancy of a minor girl, who is also of unsound mind, each day is critical to the mental and physical health of the victim; regrettably, C.M.O. Meerut is unaware of the provisions of the law, in this regard, and is also insensitive to such issues. 6. In the above background, I pass the following ad-interim order: (i) I request the Chief Medical Officer, Meerut, to constitute a Medical Board in terms of Section 3 (2D) of the Medical Termination of Pregnancy Act, 1971, immediately after receipt of a copy of this order without wasting any further time. (ii) If the fetus can be aborted without danger to the life of the victim 'X', a team of doctors under the guidance of the Chief Medical Officer shall carry out the abortion in terms of the request made before the High Court and which has also been made to the C.M.O., Meerut vide request letter dated 5.7.2023. Before doing so, the wishes of the grand-father of the minor, under whose guardianship she is living, be obtained after due verification and identity. 7. The petitioner is requested to report to the office of Chief Medical Officer, Meerut, along with a copy of this order for immediate compliance without wasting time. 8. Chief Medical Officer Meerut is directed to furnish a report about compliance with the terms of this order within one week from today. If the C.M.O., Meerut, could not comply with the terms of the order, he shall file his personal affidavits stating reasons for non-compliance before the next listing date. 9. The attention of Chief Medical Officer Meerut is invited to the order passed by the Hon'ble Supreme Court titled as 'X' v. Principal Secretary, Health and Family Welfare Department, Government of N.C.T. of Delhi and others reported as 2022 S.C.C. OnLine SC 1321 for his reference and the record. 10. Office is directed to transmit a copy of this order to (i) the Chief Medical Officer, Meerut, within 24 hours; (ii) the Chief Judicial Magistrate, Meerut, for effective supervision and reference; (iii) S.H.O., P.S. Rohta through S.S.P. Meerut, who is directed to apprise the Petitioner No.1- Shri Baru Singh (Mob.8569821557) about the contents of this order in his vernacular and facilitate the petitioners to approach the C.M.O., Meerut immediately after receipt of a copy of this order. 11. 11. List on 10.8.2023, along with compliance report. 12. This matter shall be treated as tied up or part heard to this bench.