Minor SC Girl demands her right to abortion

Shashikala Vs. State of Madhya Pradesh, W.P. No. 8689/2020 | High Court of Indore | Status: Disposed Off | |

The minor girl is a resident of Indore. The victim studies in class 7th standard. The Accused is 60 yr old neighbor named Dilip who lives near victim's house, Being a neighbor both use to come to each other’s house.

On Dec 2019 Victim was summoned to the room by Dilip and raped her, Dilip raped X two or three times on 25th & 28th  Dec 2019.After that He also threatened the victim  if she tells anything to anyone about the incident, there would be no admission in any school and no one will talk to you. Out of this fear the victim did not tell this thing to anyone. When the victim did not get a period since 4 months, she told her grandmother & when the petitioner took her doctor’s clinic for check up, doctor told that she is pregnant.  

The victim went with her grandmother and lodged a FIR against the accused Dilip at Pardesi Pura police station and case is registered against the accused on 18-6-2020. FIR no. 352/2020, copy of  . A case has been registered against the accused under sections 376,376(2)(n), 376(2)(i) of IPC and along with  under section  5j(ii),5l and 6 of  POCSO act 2012.

That, Parents of Victim died on 2012.,since then Victim  is living with her grandmother, Petitioner(Victim’s grandmother) works to wash dished at other’s homes.

The petitioner vide letter dated 19.06.2020 sent a letter to officer-in-charge/HOD gyenic dept of  Maharaja Yashwant Government Hospital, Indore, Madhya Pradesh requesting for termination of Pregnancy of Victim they refuse to take the application  for termination of pregnancy by hospital authorities, hence there exists no other remedy but to approach the Hon’ble High Court for appropriate and necessary directions. There lies an urgency as the pregnancy is in advancing stages and any further delay may ultimately make it impossible to terminate. Letter dated 19.06.2020 to officer-in-charge of Maharaja Yashwant Government Hospital, Indore, Madhya Pradesh requesting for termination of Pregnancy of Victim After that petitioner’s Advocate Shanno Shagufta Khan sent the representation via Email.  

That subsequently M.Y Hospital, Indore referred the minor for Ultrasound.  Victim's USG report came on 19.06.2020. Report clearly stated that the minor girl is 19 weeks and 6 days pregnant. However,  the minor girl with all her consent wishes to terminate her pregnancy but despite  representation addressed to the respondent authorities, the process of termination of pregnancy was not facilitated. MY Hospital’s authorities refused  to take the representation.That, the young girl suffered not just physical trauma but mental anguish as well, the traumatic experience she underwent left a life long impact on her mental health

Adding to her misery was the fact that she conceived due to the gruesome act of rape and therefore is currently pregnant. Before the minor girl could overcome from the physical and mental abuse she suffered, an additional trauma was awaiting for her that due to the rape she conceived.

U/s 3 (2)(b)(i) of the Medical Termination of Pregnancy Act, 1971 expressly permits for termination of pregnancy up to  twenty weeks on grounds of risk of grave physical and mental injury to the pregnant woman and a simple reading of the Explanation to this provision would show that the petitioner's case falls within the ambit of the provision. It also mentions how  it involves risk to the pregnant women on account of mental stress caused by rape. The relevant portion of the provision is reproduced below:“(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,-

(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are.

(i)he continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health ; or”

Explanation 1.-Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.”