JOICE D/O JOY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this writ petition is listed for preliminary hearing, with the consent of learned counsel on both sides, it is heard finally.

(2.) Minor petitioner is represented by her father and natural guardian. Petitioner has sought a direction to third respondent Bengaluru Medical College and Research Institute [hereinafter referred to as 'Medical College' for the sake of brevity,] to constitute a panel of doctors comprising of a gynecologist, an obstetrician, and psychologist/psychiatrist to medically evaluate the petitioner and opine as to whether the petitioner is fit and able to undergo termination of pregnancy, as expeditiously as possible; to direct respondent No.5, being the Child Welfare Committee, Bangalore, to produce the Petitioner before the panel constituted under interim prayer No.1 above; and to direct the Board or panel constituted under interim prayer No.1 above to submit a report to this Hon'ble Court opining as to whether the petitioner is fit and able to undergo medical termination of pregnancy.

(3.) The minor petitioner is said to be fourteen years of age and is about 22-24 weeks pregnant, which has occurred on account of sexual assault. According to the petitioner, the Health Unit, Correctional Institutions, Department of Women & Child Development, has medically examined petitioner on 18/09/2018. As per the OPD Card issued by Victoria Hospital, dated 22/09/2018, petitioner's mental age is eight years and ten months and the petitioner is stated to have mild intellectual disability. Further, petitioner's father has lodged a complaint on 15/09/2018, which has been registered as Crime No.233/2018 on the file of Varthur Police Station/respondent No.4 herein. According to the complaint, one Santhosh sexually assaulted the petitioner a few months ago and it is apprehended that the petitioner is pregnant. According to petitioner's father, information has been given to the Child Welfare Committee and FIR has been lodged under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") and Section 376 of the Indian Penal Code (IPC) under which enactments the sexual assault committed on the petitioner is a serious offence. The Child Welfare Committee has appointed Ms. Vasumathi as a support person under the POCSO Act. It is further stated in the petition that petitioner is presently residing at Bala Mandira, State Home for Girls in Bengaluru as a child in need of care and protection.