AARTI RANI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was married to respondent No.3 on 2.9.2017 and conceived on 9.11.2017. Thereafter, the petitioner had some routine tests from Mata Kaushalaya Hospital, Patiala and Government Rajindra Medical College and Hospital, Patiala and found that she is a HIV positive patient. She was thus registered in HIV care vide registration No.P-9699 and ART registration No.PB-PTE-7946 on 5.1.2018 and was put on medicines by the doctors. It is alleged that respondent No.3, instead of looking after her, turned her out from the matrimonial home on 24.1.2018 and since then the petitioner is living with her old parents, who themselves are dependent upon their son. Not only this, respondent No.3 has also filed a divorce petition against the petitioner on 5.2.2018 in the Court at Patiala. The petitioner received the summons of the divorce petition for 26.3.2018. The petitioner come to know that the divorce petition, filed by her husband, is on the ground that she is suffering from HIV positive. The petitioner also came to know that the child in her womb may also suffer from HIV positive which would result into a traumatic life for the child after his/her birth and her own health shall be at stake and that the stigma of being a patient of HIV would cause an adverse effect on her physical and mental health. The petitioner then decided to get the pregnancy terminated but since it was more than 12 weeks old, therefore, she could not have got it done otherwise than adverting to provision of the Medical Termination of Pregnancy Act, 1971 [for short 'the Act'] and has thus prayed that a direction may be issued to respondents No.1 & 2 to constitute a board of experts for the purpose of termination of her pregnancy as the foetus is already 14 weeks old.

(2.) After notice was issued, this Court passed an order on 12.3.2018, asking respondent No.2 to constitute a Board of Doctors, to opine as to whether it would be feasible to terminate the pregnancy of the petitioner at this stage. The said order is reproduced as under: -

(3.) Apropos, respondents No.1 & 2 submitted their report on 3.3.2018 in which the following observations have been made: -