M.THANGADURAI Vs. CHIEF SECRETARY

JUDGEMENT

(1.) The petitioner's daughter (Minor) T.Nandhini is a victim in Crime No.3 of 2020 on the file of the seventh respondent Police registered for the offence under Sections 4(2), 5(i), 5(j)(ii), 6 of POCSO Act, 2012 r/w Section 506(i) IPC. According to the petitioner, due to the offence committed upon his minor daughter, she got pregnant and she is now 5 1/2 months pregnant. Since the victim is a Minor girl, aged about 14 years, the petitioner has moved the authorities to terminate the pregnancy of his daughter, as it would affect her both physically and mentally. Alleging inaction on the part of the authorities, he has filed the instant writ petition seeking a Writ of Mandamus to direct the third respondent / Dean, Thanjavur Medical College and Hospital, Thanjavur, to terminate the pregnancy of his daughter.

(2.) Learned Counsel for the petitioner would submit that the petitioner approached the District Child Protection Officer / fourth respondent and the victim was subjected for medical examination by Dr.Anju Padmasekar, Assistant Professor (Gynecologist), Government Hospital, Thanjavur. The Doctor, after examination, vide her report dated 20.06.2020, opined that the victim was 5 1/2 months pregnant and in view of her physical and mental health condition, suggested for terminating the pregnancy. Based on this report, the District Child Protection Officer / fourth respondent has addressed a letter to the District Legal Services Authority, Thanjavur, requesting appropriate action, but there was no further progress. According to the learned Counsel for the petitioner, delay in taking any decision for terminating the pregnancy would affect the victim badly and therefore, prays for allowing this petition.

(3.) Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.