CHAKALI BHAGYAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed by the petitioner viz., Chakali Bhagyamma aggrieved by the action of respondent No.4 - the Superintendent, Gandhi Hospital, Hyderabad, in not taking steps to effect medical termination of pregnancy of her minor daughter (victim girl) as being illegal, arbitrary and unfair to the physical and mental wellbeing of the victim girl and contrary to the provisions of the Medical Termination of Pregnancy Act 1971 as amended in 2021; and for a consequential direction to respondent Nos.3 and 4 - the Director, Public Health and Family Welfare, DM and HS Campus, King Koti, Hyderabad and the Superintendent, Gandhi Hospital, Hyderabad, respectively, to forthwith constitute a Medical Board for examination of the minor victim girl and take steps for medical termination of her pregnancy.

(2.) It is submitted that the victim girl is twelve (12) years old and she is represented by her mother, the petitioner herein. The petitioner is a single mother and her husband died about three (3) years ago. The petitioner is eking out her livelihood as a domestic worker and living along with her three (3) daughters. About few days back, the petitioner noticed that her daughter (victim girl) was not getting her menstrual period for more than five (5) months. Then, the petitioner took the victim girl to CC Shroff Hospital, a private nursing home, Hyderabad, for doctor consultation. After consultation, the petitioner was shocked to know that the victim girl is pregnant.

(3.) It is stated that on enquiry with the victim girl, it was revealed that one Vijay Kumar through her friend took her out a few times, gave her juice and brought her back; one day, he took her to a deserted area at Vinayaknagar, had sex with her and threatened her not to reveal the same to anyone; the perpetrator repeated such acts several times; he shared her phone number with four of his friends; they also called her, came to the house, forcibly took her, had sex with her and dropped her back at her home; the victim girl was unable to share the same with the petitioner or anybody as she was threatened that she and her family will be harmed.