SUCHITA SRIVASTAVA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Leave granted.

(2.) A Division Bench of the High Court of Punjab and Haryana in C.W.P. No. 8760 of 2009, by orders dated 9.6.2009 and 17.7.2009, ruled that it was in the best interests of a mentally retarded woman to undergo an abortion. The said woman (name withheld, hereinafter 'victim') had become pregnant as a result of an alleged rape that took place while she was an inmate at a Government-run welfare institution located in Chandigarh. After the discovery of her pregnancy, the Chandigarh Administration, which is the respondent in this case, had approached the High Court seeking approval for the termination of her pregnancy, keeping in mind that in addition to being mentally retarded she was also an orphan who did not have any parent or guardian to look after her or her prospective child. The High Court had the opportunity to peruse a preliminary medical opinion and chose to constitute an Expert Body consisting of medical experts and a judicial officer for the purpose of a more thorough inquiry into the facts. In its order dated 9.6.2009, the High Court framed a comprehensive set of questions that were to be answered by the Expert Body. In such cases, the presumption is that the findings of the Expert Body would be given due weightage in arriving at a decision. However, in its order dated 17.7.2009 the High Court directed the termination of the pregnancy in spite of the Expert Body's findings which show that the victim had expressed her willingness to bear a child.

(3.) Aggrieved by these orders, the appellants moved this Court and the second appellant - Ms. Tanu Bedi, Adv. appeared in person on 20.7.2009 and sought a hearing on an urgent basis because the woman in question had been pregnant for more than 19 weeks at that point of time. We agreed to the same since the statutory limit for permitting the termination of a pregnancy, i.e. 20 weeks was fast approaching. We issued notice to the Chandigarh Administration, pursuant to which Mr. Anupam Gupta, Adv. appeared before us and made oral submissions on behalf of the respondent. In the regular hearing held on 21.7.2009, both sides presenting compelling reasons in support of their respective stands. Mr. Colin Gonsalves, Sr. Adv. also appeared on behalf of an intervenor in support of the Chandigarh Administration's stand. After hearing the Counsel at length we had also considered the opinions of some of the medical experts who had previously examined the woman in question. Subsequent to the oral submissions made by the Counsel and the medical experts, we had granted a stay on the High Court's orders thereby ruling against the termination of the pregnancy.