ASHOK Vs. PUBLIC HEALTH DEPARTMENT

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

(2.) Case of the petitioner is that a report was lodged at Police Station Annapurna, District Indore, for offences punishable under Sec. 376, 376(2)(n) of IPC and Sec. 5(j)(ii)/6, 5(L)/6 of POCSO Act. During investigation, the petitioner came to know about the pregnancy and medical examination was conducted by the registered Medical Practitioner, who gave the report of pregnancy as "positive". Since continuance of pregnancy would cause grave injury to mental health of the petitioner and would create a great mental agony for her entire life and may also invite socio-economic problems, therefore, she has filed the present writ petition seeking direction to the respondents authorities to terminate her pregnancy under the provisions of Ss. 3,4 and 5 of the Medical Termination of Pregnancy Act 1971 and rules made thereunder. It is further submitted that according to Article 21 of the Constitution of India, she has right to live with dignity and with personal liberty and there can not be any restriction whatsoever on the exercise of reproductive choices. Admittedly the prosecutrix is aged about 17 years.

(3.) This Court vide order dtd. 18/5/2023 had directed the petitioner to appear before the Dean, M.Y. Hospital, Indore on 19/5/2023 at 11.00 a.m. so that she can be medically examined by the committee of three competent faculties including the Head of Department, Obstetrics and Gynaecogoly and other members of the committee.