1 - Xyz Nil v. 1 – State of Chhattisgarh Through The Secretary Home Affairs
Case Details
1 / 5 2025:CGHC:33753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3538 of 2025 1 - Xyz Nil ... Petitioner versus 1 – State of Chhattisgarh Through The Secretary Home Affairs (Police) Department Mahanadi Bhawan Nawa Raipur Atal Nagar District- Raipur (C.G.) 2 - The Superintendent Of Police Bilaspur District- Bilaspur (C.G.) 3 - The Station House Officer Police Station Sakri, District- Bilaspur (C.G.) 4 - The Chief Medical And Health Officer Bilaspur District- Bilaspur (C.G.) ... Respondents For Petitioner For State : :
Legal Reasoning
Mr. R.N. Mukharji, Advocate Ms. Upasana Mehta, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/07/2025 1. By the instant petition, the petitioner/prosecutrix seeks the following reliefs: “10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby granting permission in favour of petitioner to ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.17 17:06:09 +0530 2 / 5 terminate her pregnancy carrying by the petitioner on account of rape committed with her against her will. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to depute registered medical practitioner to cause termination of petitioner’s pregnancy. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2. Brief facts of the case, in nutshell, are that the petitioner is a victim of forcible sexual intercourse/rape by accused person. After her reporting the case before respondent No.3, FIR was registered against the accused person under Crime No.417/2025 U/s 137 (2), 351 (2), 65 (1), of BNS and Sections 4 and 6 of the POCSO Act in Police Station Sakri, District Bilaspur on 22/06/2025. By filing the present petition, the petitioner seeks permission of this Court to terminate her ongoing pregnancy through registered medical practitioners at any approved private or government center or hospital. She seeks a direction to the concerned authorities to form a panel of expert doctors at District Hospital Bilaspur, District Bilaspur as early as possible for termination of her pregnancy. 3. On 10.07.2025, while hearing the matter, the Civil Surgeon, District Hospital, Bilaspur was directed to conduct medical examination of 3 / 5 the prosecutrix/petitioner and give all assistance while giving report on whether the prosecutrix/victim is fit for termination of pregnancy or not and what would be further complications, if the pregnancy is terminated urgently as she is carrying pregnancy of about more than three months (15 weeks and 04 days). The medical examination was directed to be conducted either on 14.07.2025 or on 16.07.2025 and the report regarding the same was directed to be filed on or before 17.07.2025 for perusal of this Court. Accordingly, Civil Surgeon/Gynaecologist of District Hospital, Bilaspur was directed to conduct medical examination of the prosecutrix in which she has opined that the pregnancy can be terminated since from the report of the doctor there is nothing to show that the prosecutrix cannot undergo abortion process and her fetus can be terminated. As such, today, learned counsel appearing for the State has produced the report of the concerned doctor of District Hospital, Bilaspur according to which examination was conducted and the doctor has suggested that the pregnancy of the prosecutrix can be terminated within 20 weeks. 4. The medical termination of pregnancy in a case of rape victim has already been considered and decided by the Hon’ble Supreme Court in a catena of decisions, i.e., Suchita Srivastav and another v. Chandigarh Administration, (2009) 9 SCC 1, X v. Union of India and others, (2016) 14 SCC 382, X and others v. Union of India and others, (2017) 3 SCC 458, Meera Santosh Pal and others v. Union of India and others, (2017) 3 SCC 462, Tapasya Umesh Pisal v. 4 / 5 Union of India and others, AIR 2017 SC 3931, Mrs. A v. Union of India and others, AIR 2017 SC 4037, A v. Union of India, (2018) 14 SCC 75, Sarmishtha Chakrabortty and another v. Union of India, (2018) 13 SCC 339, X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi and others, AIR 2022 SC 4917 and XYZ v. The State of Gujarat and others, MANU/SCOR/113703/2023. Recently, this Court has also decided a similar issue in WPC No.1637 of 2025 (Abc v. State of Chhattisgarh and another) on 2.4.2025. 5. As such, the prosecutrix/victim along with her mother is directed to appear in the District Hospital, Bilaspur tomorrow, i.e., on 18.07.2025 at 11 AM and in turn the concerned Chief Medical and Health Officer is directed to constitute a team of doctors and the team of doctors are directed to again conduct medical examination of the prosecutrix and after conducting examination if the prosecutrix is found mentally and physically fit for termination of pregnancy, the doctors may conduct abortion of the prosecutrix and in this process the prosecutrix may be given full assistance and for that she may be admitted in the hospital. It be ensured that the victim is subjected to termination of pregnancy without any further delay. The DNA sample of the fetus shall also be taken and preserved for further evidence in the same manner as provided under Rule 6(6) of the Protection of Children from Sexual Offences Rules, 2020 as the criminal case against the accused is still pending. Let this exercise be carried out without any further delay. The Chief Medical and Health 5 / 5 Officer, District Hospital, Bilaspur is directed to look into the matter personally and to take every care of the prosecutrix so that she may not face any difficulty. The doctors as well as other staff members are also directed to give proper assistance. They are also directed not to disclose the identity of the prosecutrix. 6. It is further directed that the privacy of the prosecutrix/victim be maintained strictly in view of statutory provisions of Section 5A of the Medical Termination of Pregnancy Act, 1971.
Decision
7. With the aforesaid observations and directions, the writ petition is allowed in terms of the prayer made in the instant petition. Certified copy today. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu