ABC Vs. STATE OF CHHATTISGARH, THROUGH SECRETARY, DEPARTME

JUDGEMENT

(1.) Application for non-disclosure of name and details of the petitioner is allowed. The petitioner's name and details will not be disclosed and she will be named as 'ABC'.

(2.) The petitioner, who is a 13 years old tribal girl and a victim of rape and sexual violence, has preferred this writ petition through her mother for termination of pregnancy which according to her is a result of commission of the offence of gang rape on her. The petition was filed on 23-1-2018 which came up for hearing before this Court on 31- 1-2018. On that day, the Court constituted a Medical Board consisting of Dean, Late Baliram Kashyap Medical College, Jagdalpur; two senior gynecologists available in the hospital; and one Radiologist to examine the petitioner qua examination report of the patient with regard to her physical and mental stage; stage of pregnancy; over all condition of foetus; how far the termination of pregnancy will be detrimental to the petitioner; how far it will be detrimental, if the petitioner is allowed to complete full term of pregnancy; and investigation reports, and directed the Collector, Narayanpur to ensure the compliance of the order and submit medical report of the Medical Board on 2-2-2018 before this Court. In compliance of the order of this Court, the Collector, Narayanpur has done the needful and the Medical Board has examined and submitted its report through Mr. Arun Sao, Deputy Advocate General which is taken on record. The medical report will be considered a little later.

(3.) Mr. Rohit Sharma, learned counsel appearing for the petitioner, would submit that the petitioner, who is aged about 13 years, is a tribal girl from remote place of Chhattisgarh i.e. Narayanpur District and she has been gang raped by four accused persons pursuant to which FIR No.14/18 has been registered at Police Station Narayanpur on 11-1- 2018 and thereafter, the accused persons have been arrested and the Station House Officer, Police Station Narayanpur got the petitioner medically examined on 12-1-2018 and submitted medical report on 13-1-2018. The petitioner also underwent ultra sonography in which she was found to have carrying pregnancy of 20 weeks three days. Later on, the matter was reported to the Child Welfare Committee, Narayanpur and that Committee directed the Medical College, Jagdalpur to examine the petitioner again by two Associate Professors of the College examined and found that she was carrying pregnancy of 20 weeks three days. She has also given consent in Form Ga under the Medical Termination of Pregnancy Act, 1971, for termination of pregnancy and her mother Smt. Mangti Mandavi has also given her consent for terminating the pregnancy. Thereafter, the Medical College in its memo dated 18-1-2018 clearly held that termination of pregnancy is permissible up to 20 weeks as per their knowledge. Thereafter, by memo dated 19-1-2018, Nyayalay Bal Kalyan Samiti directed the District Child Protection Officer to take appropriate legal steps, as the petitioner is carrying pregnancy of 21 weeks two days and is likely to affect her psychologically and it endangers her life also. Thereafter, the petitioner has knocked the doors of this Court by filing this writ petition as stated herein-above to prevent herself from severe mental agony of carrying unwanted pregnancy. Buttressing his submission by relying upon a decision of the Supreme Court in the matter of Suchita Srivastava and another v. Chandigarh Administration, (2009) 9 SCC 1 a prayer has been made to direct termination of pregnancy applying the "best interests" theory to prevent the petitioner from further mental agony which is a grave injury to her. Mr. Sharma has prayed for issuance of an immediate direction in that regard.