RAMESHWAR Vs. STATE OF M.P. & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the father of a minor girl who is victim of most unfortunate circumstances. She is carrying pregnancy, and therefore, the petition was filed seeking termination of her pregnancy. On 5.3.2018 this Court requested Head of the Department of Gynecology, GR Medical College, Gwalior, alongwith another Professor of Gynecology to examine petitioner's daughter and furnish report as to whether her pregnancy can be safely terminated or not. On this request, she was examined by a team of doctors and a report has been furnished pointing out that the girl is only 17 years and 8 months old on the date of examination i.e. 7.3.18 and fundal height is 28 weeks. In this backdrop, it is reported that as per the provisions contained in MTP Act, 1971 it is not feasible to terminate the pregnancy.

(2.) Petitioner on the next day expressed that psychological condition of the girl is such that if she is not permitted to terminate the pregnancy, she will be facing double jeopardy of being victim twice. On being faced with this precarious situation, this Court had requested the Department of Psychiatry, G.R. Medical College, to examine mental and psychological status of the girl and in this regard the learned Govt. Advocate Shri Praveen Newaskar had extended all possible help in communicating with the doctors inasmuch as this Court had not placed everything on record deliberately looking to the future of the girl.

(3.) In view of such communication, she has been examined by a team of doctors under the leadership of Dr. Atul Agrawal, Associate Professor and Head of the Department of Psychiatry. These doctors have taken pains to spare their valuable time and have presented themselves before the Court in terms of the orders passed by this Court. As per Shri Atul Agrawal a Medical Board was formed and that Medical Board found that petitioner's daughter is under severe depression and that may be detrimental to her life. When such situation is confronted, this Court requested Dr. Gour, In-charge Professor to meet the girl in question again and ascertain her desire so also her mental and physical status. Dr. Gour on our request spared her valuable time and had met with the girl and expressed that she is anaemic and may require blood transfusion. She further submits that it is a case of high risk termination and either case, termination or continuation, may pose high risk as per the text books of Obstetrics so also her long experience of over 25 years. She also expressed that three problems will be confronted if her pregnancy is to be terminated; the legal impediment, (ii) risk to the victim herself and (iii) future of foetus if it is delivered live.