HARPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant writ petition has been filed invoking writ jurisdiction of this Court for issuance of a writ in the nature of Mandamus directing the respondents to terminate the pregnancy of daughter (the victim) of the petitioner in view of the provision of the Medical Termination of Pregnancy Act, 1971.

(2.) Learned counsel appearing on behalf of the petitioner contends that the minor daughter of the petitioner aged about 15 years was abducted by Akashdeep son of Binder Singh resident of village Ranga, Tehsil and District Sirsa on 10/8/2023. The minor daughter of the petitioner was recovered from the illegal custody by filing a criminal writ petition No.8491 of 2023 titled as "Harpreet Kaur Versus State of Punjab and others." After recovery, the minor was got medico-legally examined, whereupon, she was found pregnant of more than 12 weeks. Thereafter, the minor disclosed the fact to her mother (the petitioner) that Akashdeep had committed rape upon her. In this regard, an FIR No. 0346 dtd. 28/11/2023 under Ss. 363 and 366-A of the IPC had been registered at Police Station City Kharar, District SAS Nagar. He submits that the petitioner is a minor and continuation of her pregnancy will cause a great physical and psychological trauma to the minor and he further contends that the minor daughter of the petitioner being dependent for her own self is not in a situation to take care of the child in case she is supposed to deliver a child Learned counsel for the petitioner submits that since the pregnancy is more than 12 weeks old, the petitioner is bound to approach this Court for seeking termination of the pregnancy in accordance with the statutory mandate.

(3.) Vide order dtd. 4/1/2024, the minor daughter of the petitioner was directed to appear before office of Civil Surgeon on 6/1/2024 for her medical examination and other necessary tests. A report from the Board of Directors was also called for in this regard.