IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10358 OF 2019 (GM-RES) BETWEEN:
MISS A (BY SMT.AARTI MUNDKUR, ADVOCATE) AND:
… PETITIONER 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001 2. VANI VILAS HOSPITAL REPRESENTED BY THE MEDICAL SUPERINTENDENT BENGALURU - 560 002 3. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS DIRECTOR FORT, K.R.ROAD BENGALURU – 560 002 4. STATE OF KARNATAKA REPRESENTED BY HOLALKERE POLICE STATION, CHITRADURGA – 577 501 5. DISTRICT LEGAL SERVICES AUTHORITY REPRESENTED BY ITS CHAIRMAN/MEMBER SECRETARY, CHITRADURGA CHITRADURGA DISTRICT – 577 501 6. KARNATAKA STATE INTEGRATED CHILD PROTECTION SOCIETY REPRESENTED BY ITS CHAIRPERSON, PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT M.S.BUILDING, BENGALURU – 560 001 …RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 & R4;
SMT.M.C.NAGASHREE, ADVOCATE FOR R2 & R3-ABSENT; R5 & R6 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2, VANI VILAS HOSPITAL, BENGALURU TO ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Aarti Mundkur, learned counsel for the petitioner.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondent Nos.1 and 4.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner has prayed for the following reliefs:
‘1. Issue an appropriate Writ of Mandamus directing Respondent No.2 – Vani Vilas Hospital, Bengaluru to admit the petitioner and take necessary medical steps to terminate the pregnancy.
2. Issue an appropriate Writ, order or direction directing or Respondent No.2 – Vani Vilas Hospital, Benglauru to preserve the terminated foetus/product of conception for the purpose of DNA testing and analysis.
3. Issue an appropriate Writ, order or direction directing the Investigation Officer, Holalkere Police Station, Chitradurga being Respondent No.4 to take any and all steps to conduct DNA tests at the State Forensic Laboratory, Madivala, Bengaluru of the terminated foetus/product of conception for the purpose of investigation and trial in Crime No.0027/2019 on the file of Holalkere Police Station, Chitradurga.
4. Direct the Respondent No.5, District Legal Services Authority, Chitradurga to disburse a sum of Rupees Three Lakhs Only to the petitioner under the Karnataka Victim Compensation Scheme as per Annexure-H.
5. Direct the Respondent No.6, Karnataka State Integrated Child Protection Society to disburse a sum of Rupees Seventy Five Thousand Only and/or any other further amounts to the petitioner in order for her to meet the expenses of medical treatments – counseling services and any other medical care as she may require as per Annexure-J.’ 3. When the matter was taken up today, learned counsel for the petitioner submitted that the relief with regard to medical termination of the pregnancy has been rendered infructuous on account of the order passed by this Court on 12.03.2019 permitting the petitioner to undergo medical termination of pregnancy. Therefore, the aforesaid relief does not survive for consideration. It is further submitted that the petitioner is entitled to compensation, as at the time of alleged incident, she was minor.
4. For the reasons assigned by this Court in the order dated 04.02.2019 passed in W.P.No.375/2019 and in view of the fact that State of Karnataka has framed the Karnataka Victim Compensation Scheme, 2011, under which admittedly, the petitioner is entitled to payment of compensation of Rs.3,00,000/- and in view of the Government Order dated 15.10.2014, the petitioner is further entitled to payment of compensation to the extent of Rs.75,000/-. Accordingly, I deem it appropriate to direct that compensation of Rs.3,75,000/- be paid to the petitioner.
5. For the aforementioned reasons, it is directed that an amount of Rs.3,65,000/- shall be paid to the petitioner, as the petitioner has already received a sum of Rs.10,000/-, by way of compensation within a period of six weeks from today.
The Registry is directed not to mention the name of the petitioner in the cause title, judgment or order but they may refer to her name by mentioning the first alphabet of her name.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-