VIJENDER Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The writ petition is quite a needless exercise. It is a case of a victim of rape seeking for assistance of Court to secure a medical termination of pregnancy through her guardian father. A complaint of rape has been filed and registered in F.I.R. No. 346 dated 17.09.2014 under Sections 376(2)/376(2)(1)/376(2)(n)/506 IPC. The petitioner has approached the Court of JMIC, Hisar for permission to terminate the pregnancy. The JMIC, Hisar has dismissed the petition stating that there is no provision in law to entertain such an application.

(2.) It is unfortunate that a Judge had taken an unrealistic view and dismissed the petition. It was, no doubt, not necessary for the petitioner to apply to Court for permission. All that the law requires in a case where a person is victim of rape is to secure the decision of two doctors committee if the pregnancy is more than 12 weeks. The District Medical Officer at the General Hospital, Hisar is directed to constitute a committee of two doctors, examine the rape victim who is said to be pregnant and if she is healthy to withstand the procedure for termination of pregnancy to take such decision in the manner contemplated under the Medical Termination of Pregnancy Act, 1971 and carry out the procedure forthwith. Since the prosecution of the case of rape instituted against a person who was responsible for the pregnancy of the minor child is reported to be pending, the hospital may also preserve the tissue of the foetus and arrange to have the tissue stored in an appropriate lab maintained by the Government and inform the jurisdictional police of the same so that the lab lest relating to the person responsible for the pregnancy is collected. Before doing the procedure of termination of pregnancy, the hospital shall also elicit the consent of the petitioner and the concurrence of the rape victim.

(3.) I dispense with notice having regard to the urgency of the matter involved so that there is no time lost. The State is not likely to be prejudiced.