B.Mallika v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25581 of 2018 and W.M.P.No.29731 of 2018 B.Mallika ... Petitioner Vs 1.The District Collector Perambalur 2.The District Child Protection Officer Department of Social Defence 154, M.M.Plaza, 2nd Floor Trichy Main Road Perambalur 3.The Legal-Cum-Probation Officer District Child Protection Unit 154, M.M.Plaza, 2nd Floor Trichy Main Road Perambalur 4.The Residential Medical Officer Government Head Quarters Hospital Near Old Bus Stand Perambalur 5.The Warden Annai Angel Short Stay Home Rover Arch Street Venkatesapuram Perambalur 6.The Inspector of Police, All Women Police Station
Perambalur, Perambalur District.
Crime No.24 of 2018.
7.The District Social Welfare Officer, Collectorate Campus, Perambalur District. ... Respondents PRAYER :
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to terminate the unwanted pregnancy of petitioner's daughter Minor.B.Pachaiyammal, D/o.Balu, aged 13 years, born on 09-062005 caused due to the crime against her, in Crime No.24 of 2018 dated 05-09-2018 under Sections 5(1), 5(j)(ii) and 6 of Protection of Child from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act 2006, by considering the representation dated 12-09-2008.
For Petitioner : Mr.S.S.Jhothivani For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to R7.
O R D E R
The petitioner has come up with this writ petition seeking a direction to the fourth respondent to medically terminate the unwanted pregnancy of her minor daughter viz., B.Pachaiyammal, aged about 13 years, by considering the petitioner's representation dated 12.09.2018.
2. Today, when the matter is taken up for consideration, the learned Special Government Pleader appearing for the respondents, produced the Doctor's report dated 01.10.2018 wherein, it has been opined as follows:
" As on date 01/10/2018 she is 16 weeks (Completed) pregnant. As on date, there is no obstetric indication for termination of pregnancy. Second Trimester abortion is not without any complications.
Complications which may occur are:
(i) Severe vaginal bleeding which may require blood transfusion, (ii) Infection, (iii) Retained products of conception (Incomplete abortion).
It may end up in surgical termination of pregnancy and anesthesia risk."
3. In the light of the Doctor's opinion, this Court cannot
give any direction as prayed for in this writ petition. Hence, this writ petition stands dismissed granting liberty to the petitioner to approach the medical authorities concerned for appropriate medical care. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar msv To 1.
The District Collector Perambalur 2.
The District Child Protection Officer Department of Social Defence 154, M.M.Plaza, 2nd Floor Trichy Main Road Perambalur 3.
The Legal-Cum-Probation Officer District Child Protection Unit 154, M.M.Plaza, 2nd Floor Trichy Main Road Perambalur 4.
The Residential Medical Officer Government Head Quarters Hospital Near Old Bus Stand Perambalur
5. The Warden Annai Angel Short Stay Home Rover Arch Street Venkatesapuram Perambalur 6.
The Inspector of Police, All Women Police Station
Perambalur, Perambalur District.
Crime No.24 of 2018.
7.
The District Social Welfare Officer, Collectorate Campus, +1cc to Mr.S.S.Jhothivani, Advocate, S.R.No.71687 +1cc to the Government Pleader, S.R.No.72040 W.P.No.25581 of 2018 and W.M.P.No.29731 of 2018 CS/15/11/2018