MS. Z Vs. STATE OF BIHAR

JUDGEMENT

(1.) An interlocutory application being I.A. No. 64980 of 2017 has been filed seeking certain directions. Having heard learned counsel for the parties, it is directed that name of the appellant in the cause title be substituted with Ms. Z so that her identity is not revealed; the Registry of the Court shall substitute the name of the appellant with Ms. Z in all records, including on the official website of this Court, and the Registry of the High Court of Patna shall substitute the name of the appellant with Ms. Z in all records, including the official 2 website of the High Court. Leave is granted to the appellant to seek substitution of her name with Ms. Z on all search engines such as google.com, legal websites such as indiakanoon.org as well as legal journals. Interlocutory application is accordingly allowed.

(2.) The factual score that has been depicted in the instant appeal is reflective of a retardant attitude and laxness to the application of the provisions of law at the appropriate time by the authorities that can cause a disastrous affect on the mind of a hapless victim. And the victim here is a destitute woman, who was brought to a shelter home from the footpath, as she was not wanted by her husband and her family, living in abject poverty and being scared of social stigma could not afford her a home. Sans a sense of belonging, she was brought to 'Shanti Kutir', a shelter home, run by an organization named Youth Mobilization for National Advancement (YMNA) under the Mukhyamantri Bhikshavriti Nivaran Yojna a scheme floated by the Government of Bihar for destitute women.

(3.) The appellant, a thirty-five year old woman, was living on the footpath in Phulwarisharif, Patna. On 25th January, 2017, she was brought to Shanti Kutir. The medical test done by Shanti Kutir showed that she was pregnant. On 2nd February, 2017, she was taken to Patna Medical College Hospital, Patna (PMCH), for medical examination. On 8th February, 2017, an ultrasound test was done at PMCH, and it was found that she was 13 weeks and 6 days pregnant. On 4th March, 2017, she expressed her desire to terminate the pregnancy and, accordingly, she was taken to PMCH for further medical examination. At that juncture, the appellant revealed that she had been raped and, therefore, the pregnancy should be terminated.