V KRISHNAN Vs. G RAJAN ALIAS MADIPU RAJAN

JUDGEMENT

(1.) INTRODUCTION: The great Tamil Saint said: ''Take not away from any living thing the life that is sweet unto all even if it be to save thine own.' ' (Tirukkural - 33 -7)

(2.) BUT the petitioner has prayed for issue of a direction to the Superintendent Government Kasthuri Bhai Gandhi Hospital, Triplicane, Madras, to terminate the pregnancy of his daughter Sasikala. Thus, he prays for a direction to put an end to a life in the womb of Sasikala on the ground that she is still in her teens and teenage pregnancy will lead to many complications physically, physiologically, mentally and socially. The irony of the matter is smt. Kasturba Gandhi, after whom the hospital is named was married at the age of 13 and had her first child at the age of 15 and the second child at the age of 17:

(3.) MY daughter's life would be ruined if the pregnancy is not terminated.' '7. When this petition came up before us on 8. 11. 1993 we directed the Public Prosecutor to utilise the services of a Medical practitioner to ascertain whether the girl is pregnant and report to this court. We adjourned the matter by a week. Pursuant thereto, the girl was taken to Anbu Clinic, Thiruvanmiyur, situated near Awai Home. Dr. K. R. Radha, m. B. B. S. , D. D. , has examined the girl and given her findings as follows: Mrs. Sasikala 16yrs. Date: 17. 11. 1993 LMP 28th July 93kdd 5th April 94 Primib. P. 120/80 sn P/v: Ut. 14 -6 wks size. Cx. soft Fornix free Advised Hg%blood Grouping & Rh typing Alb Urine Sug - Deposit". The certificate does not disclose any abnormality. One can say that the girl will deliver a child in the normal course.