Medical Termination of Pregnancy of rape victim

Raju Ravidas Versus State of Jharkhand and ors. | Jharkhand High Court | Status: Disposed of | |

A minor victim girl was subjected to rape due to which she become pregnant. she along with her parents approached to the  local hospital to termination of her pregnancy which was denied therefore this petition was filed. the High Court vide order dated 25.06.2020 asked a report from the medical team. As per Medical Report "the doctors opined that as per the radiological examination, the age of the girl seems to be more than 18 years on the date of examination. It has further been opined that the period of gestation is 33 weeks 5 days. Status of the girl is normal except the fact that she is anemic and her hemoglobin percentage is 8 gm/dl as on 26.06.2020. It has further been opined that considering the condition, there is risk involved in termination of pregnancy. The report further suggests that there is no chance of injury to the health of fetus in continuation of pregnancy, if anemia is corrected. It has also been observed that there is no gross congenital anomaly of the fetus which is apparent from USG report. It has further been mentioned that for the better health of the patient she may attain the term of pregnancy by managing anemia, followed by induction and delivery of the baby. "
after considering the medical report the Hon'ble Court passed following orde: "In the instant case the petitioner no. 2 who is a victim girl is covered to get the benefit under Section 357 (C) of the Cr.P.C. Thus invoking jurisdiction under Article 226 of the Constitution of India, I direct the State to take all steps from today onwards to cater to all the medical needs of the victim girl, who is petitioner no. 2. Her periodical check-up and medical needs will be taken care of by the State, at Bokaro General Hospital, SAIL, Bokaro or any other similarly situated hospital, free of cost. If necessary, any test or investigation which needs to be done and is not available at Bokaro General Hospital, SAIL, Bokaro, the State will ensure that the said examination is done in a different center at the cost of the State. The expenses incurred of the delivery of the child will be borne by the State. 17. Further after birth of the child, till 6 months, the medical need of the child and mother will be taken care of by the State, free of cost. I further direct the Secretary, DLSA, Bokaro to nominate a PLV, who will coordinate with the State authority and the petitioners to give effect to this order. Secretary DLSA, Bokaro, will also monitor from time to time, the development and will see that the order of this Court is complied with in true letter and spirit. Further if there is any scheme of the Government, to which the Petitioner no.2 and/or her child to be born, is entitled to, the same should be provided to them. 18. Before parting, I would like to observe that the trial court who is in seisin of Gomiya P.S. Case No. 50 of 2020 registered under Section 376(3) of IPC and under Section 6 of POCSO Act. 
may consider giving appropriate reliefs to this victim by imposing necessary/sufficient cost or compensation, if the accused in the aforesaid case stands convicted. The Court will also consider whether the accused, if convicted, should be directed to reimburse the expenses of the delivery of child and the expenses incurred by the State towards the amount spent in the entire process."


Attachments

    https://hrln.org/uploads/2021/03-March/29-Mon/raju_order_1.pdf
    https://hrln.org/uploads/2021/03-March/29-Mon/raju_order_2.pdf