M v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 758/2020 M ..... Petitioner Through:

Mr Anwesh Madhukar, Advocate (DHCLSC) and Ms Prachi Nirwan, Advocate.

versus STATE & ANR.

..... Respondents Through:

Ms Nandita Rao, ASC (Crl.) GNCTD for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 20.03.2020 CRL.M.A. 5679/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 758/2020 2.

The petitioner has filed the present petition, inter alia, praying that directions be issued for medical termination of her pregnancy. 3.

On 18.03.2020, an order was passed directing Sanjay Gandhi Memorial Hospital to constitute a Medical Board and examine the petitioner and after examining the petitioner, submit a report as to the risk involved in the termination of the pregnancy.

4.

A report has since been submitted. Dr Ashoo Gupta is also present in Court and submits that there is a significantly high risk involved in termination of the petitioner's pregnancy.

5.

An unwanted pregnancy does present a significant risk to the welfare

of the mother.

6.

In the given circumstances, this Court considered it apposite to interact with the petitioner in chambers with the assistance of her counsel Mr Madhukar and Ms Rao, learned ASC.

7.

After a protracted interaction, this Court finds that the petitioner is willing to continue with the pregnancy. However, she is also in two minds as to whether she would like to give up the baby in adoption or not. It appears that she is concerned on two fronts. First, the requirement of funds for continuing with the pregnancy and second, to keep the same concealed from her parents and other family members.

8.

In the aforesaid circumstances, the learned counsel for the petitioner seeks to withdraw the prayer made in the present petition. He, however, requests that orders be passed for payment of compensation under the Delhi Victims Compensation Scheme.

He submits that this would enable the petitioner to bear the expenses for continuing with the pregnancy. 9.

The aforesaid contention is merited. The Delhi State Legal Services Authority (DSLSA) is directed to consider the petitioner's case for disbursal of ₹30,000/- as compensation.

10.

This Court also expresses its gratitude to Dr Ashoo Gupta for rendering assistance to this Court.

11.

The petition is disposed of with the aforesaid directions. 12.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MARCH 20, 2020.MK