MS. X Vs. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT, HEALTH, THIRUVANANTHAPURAM, PIN

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the 2nd respondent to conduct Medical Termination of Pregnancy (MTP) for the petitioner, and for other related reliefs. In order to maintain privacy, the name of the petitioner will be hereinafter referred to as 'X' and the privacy shall be maintained by the Registry while issuing certified copy of the judgment, and while forwarding the judgment for reporting and other purposes. Material facts necessary for the disposal of the writ petition are as follows:

(2.) Petitioner is a victim of rape and is in need of Medical Termination of Pregnancy. She approached the Government Hospital, Kasaragod, but they declined to do MTP. Thereafter, she approached the 2nd respondent for termination, but there also, it was informed that MTP cannot be conducted as the pregnancy period has exceeded 20 weeks. It is in this background, this writ petition is filed seeking direction to respondent No. 2 to conduct MTP, and a direction to the 3rd respondent to collect sample and do the needful for DNA test of the child in the womb.

(3.) According to the petitioner, intimacy was developed by her with one person while she was working in a shop, and the said person has cheated the petitioner and by giving promise of marriage, she was successively subjected to sexual relationship, by which she became pregnant. However, the said person solemnized marriage with another lady on 14.05.2016, and accordingly she preferred a complaint, evident from Ext.P1 FIR.