1. Rule. Learned APP Mr. H.L.Jani waives service of notice of Rule for Respondent No.1-State of Gujarat.
2. The present Petition has been filed by the Petitioner under Articles 14, 21 and 226 of the Constitution of India and also under Sections 3 and 4 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as “the Pregnancy Act”) for the prayers regarding direction to the In-Charge Medical Officer, Civil Hospital, Rajkot to undertake necessary tests for termination of the pregnancy.
3. Heard learned Advocate Mr. Pratik B. Barot for the Petitioner and learned APP Mr. H.L.Jani for Respondent No.1-State of Gujarat.
4. Learned Advocate Mr. Pratik Barot for the Petitioner has referred to the papers including the FIR at Annexure-A and submitted that the peculiar facts and circumstances has lead to filing of the present Petition for such permission or direction regarding termination of pregnancy in light of the statutory provisions of the Pregnancy Act.
5. Learned APP Mr. H.L.Jani has, on instruction from Dr. Kamal Goswami, Associate Professor, P.D.U. Medical College, Rajkot, who is present in the Court, stated that considering the stage of pregnancy, such termination is medically possibly, and therefore, learned APP Mr. Jani has submitted that appropriate order may be passed.
6. As it transpires from the facts stated in the Petition and the FIR, the Petitioner – minor is a victim who had been enticed away by the accused stated in the FIR and she has been pregnant, therefore, the present Petition has been field stating that she is only aged 15 years and though she had eloped, she has been now with the parents and is carrying three months pregnancy. It is in this background, the present Petition is filed seeking permission for termination of the pregnancy under the Medical Termination of Pregnancy Act, 1971.
7. In the peculiar facts and circumstances, for which referring to the FIR at Annexure-A, attention of the Court has been drawn creating the circumstances for such termination of pregnancy, the present Petition deserves to be allowed.
8. A useful reference can be made to the judgment of the Gujarat High Court reported in 2011 CRI,L.J. 1306, Janak Ramsang Kanzariya v. State of Gujarat and Another, wherein also in a similar circumstances of the victim of a rape, the termination of the pregnancy was permitted considering the consequences and socio-economic aspects which may have a bearing on the issues. Moreover, as referred to in this order, the Hon'ble Apex Court also in a judgment reported in AIR 2010 SC 235, Sudhita Srivastava and Another v. Chandigarh Administration has, in similar circumstances, considered such termination of pregnancy.
9. It is in these circumstances, though such issues are required to be considered in context of the statutory provisions of the Pregnancy Act and Article 21 of the Constitution of India, it may also have to be considered keeping in mind the socio-economic aspects and the human right issues. There is no doubt that a woman's right to make reproductive choices is also a dimension of personal liberty as understood under Article 21 of the Constitution of India, which is recognized. However, such a right of of privacy, dignity, etc. have to be respected and at the same time the social aspects which may have a bearing, if such permission is not granted, also have to be considered.
10. Therefore, the present Petition deserves to be allowed in the peculiar facts and circumstances and accordingly stands allowed. The prayer in terms of paragraph 13(B) deserves to be granted. The permission is granted to the Petitioner – victim for termination of the pregnancy after necessary tests as may be advised medically. Rule is made absolute accordingly.
11. The Petitioner, who has filed this Petition is a minor and the Petition is filed through the natural guardian, and even at the time of the test and the termination of the pregnancy, necessary consent of the Petitioner through his guardian will be obtained as required under law.
Direct service is permitted.
(Rajesh H. Shukla,J) Jayanti*