MINOR S. Vs. STATE

JUDGEMENT

(1.) This Court has once again been called upon, by way of the present writ petition preferred by a minor sexual assault victim through her mother, who is presently admitted and confined within the four walls of a hospital ward - carrying the enormous burden not only of a pregnancy resulting from sexual assault, but also of the memories associated with such trauma.

(2.) The victim's statement to the doctor who conducted her medico-legal examination, and the medical records itself revealed additional shocking details, i.e. that the victim was burnt by the accused with a lighter at different places on her body. As if the physical injuries and sexual assault were not enough to traumatize her, the indifference shown by the medical staff has only compounded her suffering. The doctors chose not to perform her ultrasound on the first day she was brought to the hospital solely because she did not possess an identity card.

(3.) This is also, yet another unfortunate occasion where this Court is confronted with the distressing reality of a minor rape victim, aged about 17 years, seeking medical termination of pregnancy [hereafter also referred to as "MTP"], only to be turned away by the hospital authorities on the ground that an order of this Court is first required before any medical assessment could be carried out by the Medical Board.