Ms. X v. State Of Maharashtra Thr Th Principal Secretry Public Health Dept. And ANR

6-WP.7090.2022+1 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7090 OF 2022 Ms. X } Petitioner

Versus

State of Maharashtra & Ors.

} Respondents WITH WRIT PETITION NO. 7091 OF 2022 Ms. X } Petitioner

Versus

State of Maharashtra & Ors.

} Respondents Ms. Rebecca Gonsalvez for petitioner.

Ms. Neha S. Bhide, Government Pleader with Mr. N.

C. Walimbe, Additional Government Pleader and Ms. R. A.

Salunkhe, AGP for respondent no. 1.

CORAM: ALOK ARADHE, CJ. & PRITHVIRAJ K. CHAVAN, J.

DATE:

FEBRUARY 21, 2025 P.C.:

1.

In these writ petitions, the petitioners have prayed for the following reliefs:

"a.

for a writ pe mandamus, or a writ, order, or direction in the nature of Mandamus directing the Respondents to permit the Petitioner to terminate her pregnancy in the Sangli Civil Hospital or any other hospital equipped with the appropriate facilities and staff for the same; b.

for a writ of Mandamus or a writ, order, or direction in the nature of Mandamus directing the Respondents to have the Petitioner immediately examined by a Medical

6-WP.7090.2022+1 Board constituted as per the Judgment dated 3/4/2019 passed by this Hon'ble Court in Writ Petition Nos. 10835/2018, 9748/2018 and (L) 3172/2018, and submit the report of the Medical Board to this Hon'ble Court as expeditiously as possible;

c.

.....

d.

.....

e.

.....

f.

that this Hon'ble Court may be pleased to direct the payment of compensation to the Petitioner as per the Manodhairya Scheme or the Maharashtra Victim Compensation Scheme, 2014, whichever is higher". 2.

Learned counsel for the petitioners fairly submitted that the grievance of the petitioners stands redressed. 3.

In view of the aforesaid submission, no further orders are required to be passed in in these writ petitions, however, it is clarified that the issue with regard to the validity of the Compensation Scheme for Women Victims/Survivors of Sexual Assault and Other Crimes, 2018 is kept open to be agitated in appropriate proceedings.

4.

With the aforesaid liberty, the writ petitions are disposed of.

Digitally signed by JAYANT VISHWANATH SALUNKE Date:

2025.02.21 18:00:22 +0530 JAYANT VISHWANATH SALUNKE (PRITHVIRAJ K. CHAVAN, J.) (CHIEF JUSTICE)