P.Jayalakshmi … Petitioner
Vs.
Government Medical College Hospital Gandhi Road, Krishnagiri and Anrs. … Respondents
DATED: 21.06.2023
Coram: THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Citation: W.P.No.18473 of 2023
Introduction:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to medically terminate the pregnancy of the petitioner’s daughter in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971 expeditiously.
Facts:.
The petitioner and her husband are daily wage labourers and they have three children. One of the daughter of the petitioner namely Buvaneshwari, who is about 14 years old had sexual intercourse with one Murugan on the promise of marriage. Suspecting that the petitioner’s daughter might be pregnant, she took her daughter to the 1st respondent hospital, which confirmed that her daughter is pregnant. Subsequently, the petitioner informed the AWPS, Krishnagiri who then registered an FIR on 06.06.2023 under Sections 5(1), 5(j)(ii) and 6(1) of the Protection of Child from Sexual Offences Act, 2012. When the petitioner’s daughter was taken to the first respondent for termination of pregnancy, the
doctors advised to get anC from this Court. Hence, the present petition.
Issue?
Whether the petitioner’s daughter who is only 14 years old who does not have the physical or mental capacity to take the pregnancy?
Legal Analysis:
First respondent to terminate the pregnancy of the petitioner’s daughter. When the matter is taken up for hearing, Dr.Naveena Shree, MSOG, Government Medical College Hospital appeared before this Court through video conferencing mode and submitted that the petitioner’s daughter is physically fit for medical termination and the said submission is recorded. Court followed same Precedent and granted orders for termination of preganacy of the petitioner’s daughter.
Judgement:
In view of the medical opinion of the Doctor, keeping in mind the health of the victim, this Court directs the first respondent to conduct necessary medical procedure for termination of the pregnancy of the petitioner’s daughter so that her life is not endangered. The said procedure shall be undertaken at the earliest and completed within a period of two weeks
from the date of receipt of a copy of this order.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR
