Xyz Under Guardianship Of Mother Vandana Dnyandev Rathod v. The State Of Maharashtra Through Its Secretary And Others

1 WP-1662-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1662 OF 2023 XYZ Under guardianship of mother Vandana Dnyandev Rathod Age:- 35 years, Occu: Household, R/o: Satwai Tanda, Jalna, Dist. Jalna.

...Petitioner

Versus

1.

The State of Maharashtra Through its Secretary, Public Health Department, Mantralaya, Mumbai-400032.

2.

The Dean, Government Medical College and Hospital, Aurangabad.

3.

The Investigation Officer, Taluka Jalna Police Station, Jalna, Dist - Jalna.

...Respondents

Ms Sabahat T. Kazi, Advocate for the Petitioner Mr P.K. Lakhotiya, AGP for the Respondent Nos. 1 to 3/State CORAM : MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 14-02-2023 PER COURT :

Not on Board. Taken on Board at the request of learned advocate for the petitioner.

2.

This writ petition seeks permission to undergo abortion. The petition is moved by the mother of the victim of an offence of rape and offences under the Protection of Children from Sexual Ofencee Act,

2 WP-1662-2023 2012, regarding which FIR No. 0739/2022 has been registered with Jalna Taluka Police Station on 24.11.2022.

3.

We have heard the learned advocate for the petitioner and the learned A.G.P. for the respondent/State. We have also perused the report submitted in Form-"D" by the concerned Board. Irrespective of any anomaly being noticed or otherwise, in view of the fact that the pregnancy has occasioned on account of rape, it would certainly constitute a grave injury to the mental and physical health of the pregnant woman where the length of the pregnancy doee not exceed twelve weeke, as contemplated under Explanation No. I to Section 3(2)(ii) of the Medical Termination of Pregnancy Act, 1971 (for short "Act of 1971"). 4.

Since the victim's mother is moving the petition, there is compliance of Section 3(4)(a) of the Act of 1971 as well. 5.

The learned advocate for the petitioner submits that the victim as well as guardian/mother are ready to submit consent in writing before the Civil Surgeon, Civil Hospital at Jalna.

6.

We allow the writ petition as under :- (i) The petitioner and the victim shall appear before the Civil Surgeon, Civil Hospital at Jalna on 15-02-2023 and shall submit written consent before the Civil Surgeon, Civil Hospital at Jalna. Thereafter, he shall cause termination of pregnancy under his supervision.

3 WP-1662-2023 (ii) The Civil Surgeon, Civil Hospital at Jalna shall also ensure that the blood sample/DNA is preserved in consultation with the Investigating Officer concerned.

[ S.G. CHAPALGAONKAR, J. ] [ MANGESH S. PATIL, J. ] mta