Madhya Pradesh High Court

WP/2041/2024 of X (MINOR) Vs THE STATE OF MADHYA PRADESH on 5 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND PATHAKON THE 5[th] OF FEBRUARY, 2024

WRIT PETITION No. 2041 of 2024

BETWEEN:-

X (MINOR) D/O Y (MADHYA PRADESH)

(BY SHRI RAM KISHOR SHARMA- ADVOCATE)

.....PETITIONER

AND

1.THE STATE OF MADHYA PRADESH THROUGH ITSPRINCIPAL SECRETARY PUBLIC HEALTH ANDFAMILY WELFARE DEPARTMENT, VALLABHBHAWAN BHOPAL (MADHYA PRADESH)PRINCIPAL SECRETARY PUBLIC HEALTH ANDFAMILY WELFARE DEPARTMENT, VALLABHBHAWAN BHOPAL (MADHYA PRADESH)

2.DIST. HOSPITAL BHIND THROUGH ITS CHIEFMEDICAL AND HEALTH OFFICER DISTRICTBHIND (MADHYA PRADESH)MEDICAL AND HEALTH OFFICER DISTRICTBHIND (MADHYA PRADESH)

3.STATION HOUSE OFFICER POLICE STATIONKOTWALI DISTRICT BHIND (MADHYA PRADESH)KOTWALI DISTRICT BHIND (MADHYA PRADESH)

(BY SHRI N.S. TOMAR- GOVERNMENT ADVOCATE FORRESPONDENT/STATE)

.....RESPONDENTS

This petition coming on for admission this day, the court passed the following:

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ORDER

The present petition under Article 226 of the Constitution is preferred atthe instance of prosecutrix/petitioner through her natural guardian (Father)s eeking direction for constitution of Medical Board and after medicalexamination of petitioner, medical termination of pregnancy of petitioner.

2. It is the grievance of the petitioner that father of prosecutrix lodged the FIR bearing Crime No.421/2023 on 11.10.2023 at Police Station- City Kotwali,District Bhind for offence under Section 363 of the IPC stating that his daughteris missing, he searched her at many places but his daughter could not find.Later on she recovered and her medical examination was conducted. Aftermedical examination, she was found to be pregnant, therefore, father ofprosecutrix filed this petition for medical termination of pregnancy undersupervision of Medical Board.

3 . I t is the submission of the learned counsel for the petitioner thatSection 3 of the Medical Termination of Pregnancy Act, 1971 prescribes theprocedure, therefore, in view of the above section and the judgments of ApexCourt in the case of Murugan Nayakkar Vs. Union of India and others (Writ Petition (Civil) No.749/2017), Shaikh Ayesha Khatoon Vs. Union and others reported in 2018 SCC Online Bom. 11 and in the case ofMukesh Patidar Vs. State of M.P. (Writ Petition No.7701/2018 and X

(Minor) through her mother Madhu Vs. State of M.P. and others (WritPetition No.5521/2020), the case of petitioner may be considered fortermination of pregnancy.

4. Learned Government Advocate for the respondents referred the reportof Medical Board on the direction of this Court and informed that nowpetitioner is carrying 10 weeks of pregnancy and as per Section 3 of theMedical Termination of Pregnancy Act,1971 her medical condition is suitableand can be taken care of for termination.

5. Heard the rival submissions of the learned counsel for the parties andperused the documents appended thereto.

6 . This is a case where minor has preferred this petition through hernatural guardian (Father) for medical termination of her pregnancy. As per allegation of her father which reflects from the FIR vide Crime No.421/2023registered at Police Station City Kotwali,District Bhind that prosecutrix elopedwith her friend, but on close scrutiny and the judgment of Apex Court in thecase of X Vs. The Principal Secretary Health and Family WelfareDepartment and another reported in 2022 SCC Online 1321 in which ApexCourt dealt with the said issue in detail and considering all the facets of thesubject, such type of cases for termination of pregnancy were permitted in safeand hygienic atmosphere.

7. Learned Government Advocate for respondent/State filed medicalreport. District Medical Board examined the victim and after considering thenecessary tests conducted in this regard opined that victim is physically andmentally healthy enough to undergo medical termination of pregnancy. Reportdated 01.02.2024 has been filed in this regard. Necessary diagnostic reportswere also attached along with the medical report.

8. On due consideration, looking to the nature of allegations and reportof District Medical Board, it is apposite that petitioner be allowed to undergotermination of pregnancy under safe and hygienic conditions as contemplatedby the Act of 1971 and the Medical Termination of Pregnancy Rules, 2003.Needful be done as early as possible preferably on or before next week.

9 . District Medical Board shall do the needful and the GovernmentAdvocate shall cooperate in this regard with the District Medical Board and itwould be the duty of the learned counsel for the petitioner to cause appearanceof petitioner before the Medical Board/Hospital as and when required.

10. Accordingly, petition stands allowed and disposed of with aforesaidobservations.

(ANAND PATHAK)JUDGE

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