BASHIR KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The writ petition is at the instance of the parent of a minor girl, called 'the victim' here, who is reported to have been raped as a consequence of which, she has become pregnant. A case has been registered against a person, who was alleged to have committed the rape in FIR No.29, dated 03.04.2014 for offences under Sections 363, 366-A, 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The petitioner has approached the SDJM, Balachaur, through an application under Section 3 for termination of her pregnancy. It has been stated in the petition that the victim is only 14 years of age, that she had been illegally abducted and raped. The victim is in fragile health and she did not want to retain the foetus. It was claimed on her behalf by the parent that continuance of pregnancy would involve risk to the life of the victim and cause grave injury to physical and mental health. A statement had been recorded from the victim's mother Alima that she does not want to carry foetus and that she wanted to terminate the pregnancy. The Magistrate has recorded the statement of the victim herself that she had been raped and that she did not want the pregnancy. A doctor by name Kiran Kaushal, Gynaecologist, attached to the Government Hospital at SBS Nagar, has certified that the termination of pregnancy was possible, though the person was anaemic and a minor. The doctor has also given a status report which was called for from the doctor stating that she was anaemic with RH -Ve Blood group. She has observed that before termination of pregnancy, her hemoglobin count would require to be built up to ensure availability of blood and that termination could be effected in a hospital where there were two or more gynaecologists as teenage pregnancy termination carries many risks to the patient. Apart from even the risk of surgery to gynaecologist who perform the procedure. It is also suggested in the report that she would require NDT injection to ensure her future obstetric carrier.

(3.) The Sub Divisional Magistrate, however, was of the view that the application was not maintainable before a Judicial Magistrate since there was no specific provision empowering the Judicial Magistrate to pass an order granting permission to terminate the pregnancy. The petitioner has approached the court after an adverse order of the Magistrate declining to terminate the pregnancy.