S.KRISHNAMOORTHY Vs. DEAN

JUDGEMENT

(1.) The Writ Petition had been filed by Mr.S.Krishnamoorthy, residing at No.19-A, Viduthalainagar, Illuppakudi, Karaikudi, Sivagangai District, in the nature of a Mandamus seeking a direction to the first respondent namely, the Dean, the Government Medical College Hospital, Sivagangai, to conduct medical termination of the foetus carried by the daughter of the petitioner, who is a minor.

(2.) In the affidavit, it had been stated that the petitioner has two daughters. The second daughter is now aged about 16 years. Her date of birth is 20.09.2004. It is stated that the petitioner came to know in the second week of May 2020, that she was in relation with another boy aged about 20 years, residing in the same village Illuppakudi, Karaikudi, Sivagangai District. The petitioner also came to know that his daughter had physical relationship with the boy and as a consequence she was also impregnated. In this connection, a complaint was given to the Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District, on 18.05.2020 and a First Information Report in Crime No.6 of 2020 had been registered under Sections 5(j) (ii), 5(I) and Section 6 of Protection of Child from Sexual Offences Act, 2012.

(3.) This writ petition came up for hearing on 08.06.2020 and upon hearing the learned Counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, learned Special Government Pleader, who had taken notice on behalf of the respondents, a report was sought from the first respondent, the Dean, Government Medical College Hospital, Sivagangai, before whom the young lady was asked to appear for medical examination on 10.06.2020 at 10.00 a.m. In the order the following queries were raised and the first respondent was requested to send a report after examining the young lady :