STATE OF RAJASTHAN Vs. NAVJEEVAN SANSTHAN

JUDGEMENT

(1.) The instant special appeal (writ) has been preferred by the State of Rajasthan & Ors. being aggrieved of the Judgment dated 17.10.2019 passed by the learned Single Bench of this Court in S.B. Civil Writ Petition No.14827/2019.

(2.) Brief facts relevant and essential for disposal of the instant appeal are noted herein below:

(3.) The opinion of the Medical Board was put up before the Special Judge who, initially fixed the matter on 25.09.2019 for the purpose of hearing the victim. Realising that the victim was a minor, the learned Special Judge, SC/ST Act Cases transferred the matter to the Court of the Special Judge, POCSO Act Cases, Churu who passed an order dated 27.09.2019 holding that the application was not maintainable because the length of gestation had gone beyond the threshold of 20 weeks prescribed by The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'The MTP Act'). The Court observed that the relief, if any, could be extended to the applicant by the High Court in its writ jurisdiction. Thereupon, the victim preferred the above referred writ petition before this Court through her widowed mother. The matter was deferred on a couple of dates for seeking confirmation of the victim whether she was determined to get the pregnancy terminated or whether she could contemplate handing over the child to be born to some social organization or shelter home. Additional opinion was sought from the Medical Board, Churu whether the termination of the pregnancy would be conducive to the health of the girl or it could pose any serious threat to her life and body. The Medical Examination Report dated 16.10.2019 issued by the Medial Board comprising of five doctors was presented before the Court on 17.10.2019 wherein, an opinion was expressed that no serious threat to life or body would be posed if the applicant underwent termination of pregnancy which could be recommended by the High Court.