M (NAME WITHHELD) MINOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition was filed seeking a direction to the authorities to terminate the pregnancy of the minor child, the first petitioner, who is represented by her mother, the second petitioner- Nisha Patel. This pregnancy was allegedly caused by the rape committed upon her by a known individual. Pursuant to the order dated 19.10.2019, passed in this writ petition, the Post Graduate Institute of Medical Education and Research, Chandigarh, the fourth respondent, subjected the first petitioner to medical examination to ascertain as to whether her pregnancy could be safely terminated without any danger to her life and health. The Permanent Board of Doctors constituted by the fourth respondent examined the first petitioner and submitted Report dated 21.10.2019 stating that it did not recommend termination keeping in mind the advanced stage of the pregnancy. The Board advised that the first petitioner should get regular obstetric checkups done and go in for an institutional delivery. The Board opined that the first petitioner would also require periodic psychological assessment and support.

(2.) Upon being informed of the recommendations made by the Permanent Board of Doctors, the second petitioner and her husband, the father of the first petitioner, are stated to have decided to allow the first petitioner to go ahead with the pregnancy and thereafter take a decision as to putting up the child born to her for adoption.

(3.) Mr. Amit Goyal, learned counsel representing the petitioners, would however submit that the first petitioner is entitled to claim compensation apart from reimbursement of medical expenditure.