MODHEN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition was filed seeking a direction to the authorities to terminate the pregnancy of the petitioner 's daughter, who is mentally retarded. This pregnancy was allegedly caused by the rape committed upon her by an unknown individual. Pursuant to the order dated 30.10.2019, passed in this writ petition, the Post Graduate Institute of Medical Education and Research, Chandigarh, the third respondent, subjected the petitioner 's daughter 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 third respondent examined the first petitioner and submitted Report dated 31.10.2019 stating that it did not recommend termination keeping in mind the advanced stage of the pregnancy. The Board advised that the petitioner 's daughter should continue the pregnancy and recommended her hospital admission for further evaluation and treatment.

(2.) Mr. Sanjeev Sharma, learned counsel representing the petitioner, would however submit that the petitioner 's daughter is entitled to claim compensation apart from reimbursement of medical expenditure.

(3.) Mr. Luvinder Sofat, learned Assistant Advocate General, Punjab, appearing for the authorities would inform this Court that in terms of the Punjab Victim Compensation Scheme, 2017, promulgated by the Government of Punjab, vide Notification dated 30.11.2017, the petitioner 's daughter would be entitled to lay a claim for compensation.