RAM AVATAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question involved in this writ petition is, whether father of a minor pregnant daughter can get the foetus of his minor daughter aborted, when the pregnant minor daughter herself is not agreeing for such termination?

(2.) In other words, whether the minor daughter's right to life under Article 21 of the Constitution of India includes the right to beget a life or create a life is the short question involved in this writ petition which arises on the following factual background: -

(3.) The petitioner made a first information report under Crime No.161/2019 at Police Station Darima, District Sarguja against accused Hari Gopal for offences punishable under Sections 363, 366, 376(2) (n) of the IPC and Sections 5(l) and 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 in which the accused has been charge-sheeted for the aforesaid offences on 4-1-2020 and in which the said accused is facing trial. During the pendency of aforesaid trial, the petitioner herein - father of the minor daughter has filed this writ petition with a prayer for directing the State and its officials to conduct medical termination of pregnancy of his minor daughter at the earliest in the interest of justice stating inter alia that her daughter is aged about 17 years 8 months 10 days and pregnancy according to her is as a result of commission of rape upon her. This Court, in order to ascertain the willingness of the minor girl, was inclined to call her personally, but considering that she is carrying pregnancy of 27 weeks and she is residing in a remote village of Ambikapur which is 250 Kms. away from this place, this Court ascertained from the petitioner's counsel as to whether the petitioner's minor daughter is ready and willing to undergo termination of pregnancy and in that view of the matter, this Court directed the petitioner to file affidavit and also directed the State counsel to get the statement of the petitioner's minor daughter recorded and pursuant to that, the petitioner filed affidavit on 14-3-2020 that his minor daughter is ready and agreeable for termination of her pregnancy, whereas the State officials have recorded the statement of the petitioner's minor daughter in which she has refuted and expressed her willingness to continue with the pregnancy.