Writ Petition No. 6078 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:8960 WP No. 6078 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6078 OF 2025 (GM-RES) BETWEEN: MS.X AGED ABOUT 16 YEARS MINOR, REPRESENTED BY HER FATHER ZAMEER KHAN AGED ABOUT 47 YEARS NO.2158, 2ND CROSS, 1ST STAGE RAJIV NAGARA, MYSORE CITY KARNATAKA – 570 019. (BY SMT. ARCHANA K. M., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE REPRESENTED BY ITS SECRETARY NO.105, 1ST FLOOR VIAKSA SOUDHA BENGALURU – 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka …PETITIONER 2. THE WOMEN AND CHILD WELFARE COMMITTEE ONE STOP CENTRE, CHELUVAMBA HOSPITAL REPRESENTED BY MEDICAL SUPERINTENDENT MYSURU – 570 001. - 2 - NC: 2025:KHC:8960 WP No. 6078 of 2025 3. DISTRICT LEGAL SERVICES AUTHORITY REPRESENTED BY ITS CHAIRMAN/MEMBER SECRETARY, A.D.R. CENTRE NEW COURT COMLEX, MALAVADI JAYANAGARA, MYSURU – 570 014. 4. STATE OF KARNATAKA UDAYAGIRI POLICE STATION MAHADEVAPURA MAIN ROAD SHANTINAGARA NORTH UDAYAGIRI, MYSURU – 570 019. 5. KARNATAKA STATE LEGAL SERVICES AUTHORITY
Legal Reasoning
HIGH COURT COMPLEX BENGALURU – 560 027. 6. MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE MYOSER DEPARTMENT OF RADIO DIAGNOSIS MYSURU – 570 001. …RESPONDENTS
Legal Reasoning
(BY SRI. SHAMANTH NAIK, HCGP FOR R1 AND R; NOTICE TO R3 AND R5 ARE DISPENSED WITH V/O DATED 28.02.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO IMMEDIATELY TAKE NECESSARY STEPS TO MEDICALLY TERMINATE PREGNANCY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8960 WP No. 6078 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – victim is before this Court seeking the following prayer: a. b. c. d. e. “Issue a writ of mandamus or any other appropriate writ order or direction directing the Respondent No.2 to immediately take necessary steps to medically terminate pregnancy; Issue a writ of mandamus or any other appropriate writ or order of direction, directing the respondent No.2 to preserve the terminated foetus for the purpose of DNA testing and analysis; Issue a writ of mandamus or any other appropriate writ or order of direction, directing respondent No.4 to take all steps necessary for conducting relevant forensic tests of the terminated foetus for the purpose of investigation and trial of FIR Bearing Number 0021 of 2025, dated 17/02/2025, registered at the Respondent Number 4 vide Annexure B; Issue a writ of mandamus or any other appropriate writ or order of direction, the Respondent Number 5 to disburse a sum of rupees 40,000/- to the petitioner as compensation under the Karnataka Victim Compensation Scheme 2011 and Pass any such writs, orders and directions as this Hon’ble court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard Smt. Archana K.M., learned counsel for petitioner and Sri Shamath Naik, learned High Court Government Pleader for respondent Nos.1 and 4 – the State. - 4 - NC: 2025:KHC:8960 WP No. 6078 of 2025 3. Facts in brief, germane, are as follows: The victim petitioner is aged 16 years. She is a victim of sexual assault at the hands of the accused in Crime No.21 of 2025 for offences punishable under Sections 137(2) and 64(2)(m) of the BNS and Sections 5J(ii), L and 6 of the Protection of Children from Sexual Offences Act, 2012. The documents appended to the petition would indicate that the parents of the victim took the petitioner to Mysuru Medical College and Research Institute, Mysuru, on 19.02.2025. The antenatal scan report resulted in an indication that the petitioner is 26 weeks pregnant. 4. This Court vide order dated 28.02.2025, in view of the impending urgency referred the petitioner – victim for a medical examination to respondent No.6 - Mysuru Medical College and Research Institute, Mysuru, and directed them to constitute a Medical Board of Gynecologist, Pediatrician and all necessary experts, who shall examine the petitioner on 01.03.2025 and render an opinion as to the fitness of the - 5 - NC: 2025:KHC:8960 WP No. 6078 of 2025 victim to undergo medical termination of pregnancy and also on the condition of the foetus. The report reads as follows: “ - 6 - NC: 2025:KHC:8960 WP No. 6078 of 2025 The afore-quoted opinion of the Medical Board indicates that the petitioner - victim can undergo medical termination of pregnancy with necessary precautions during the procedure for termination with psychological support. It would become necessary for a direction to be issued to the Hospital to undertake termination of pregnancy. Therefore, the following:
Decision
ORDER 1. The writ petition stands disposed. 2. Mandamus issues to respondent No.6 - Mysuru Medical College and Research Institute, Mysuru to carryout the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State. 3. The procedure is subject to further examination of the Doctor who has to conduct such a procedure and if in the opinion of the Doctor, such a procedure would cause harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure; 4. The petitioner shall not be liable to make payment of any amounts towards such procedure. - 7 - NC: 2025:KHC:8960 WP No. 6078 of 2025 5. In the event of the Doctor being of the opinion that medical termination of pregnancy procedure has to be carried out and is in fact carried out, the foetus shall be preserved by Mysuru Medical College and Research Institute, Mysuru, in such a manner as to facilitate DNA testing of the foetus. The said Hospital is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory at Mysuru. 6. Respondent No.4 – Udayagiri Police shall make necessary arrangements as may be necessary to facilitate the transport of the petitioner and her immediate family members/attendants to the said Hospital for treatment and after such treatment for their transport back to their residence. In the event of any follow-up treatment being required and as advised by the treating doctor, shall arrange for such transport at such times as advised and/or as directed by the Doctor, the same being carried out at the cost of the State. 7. If the baby is alive at birth, the hospital shall ensure that the baby is offered the best medical treatment available, so that it develops into a healthy child. - 8 - NC: 2025:KHC:8960 WP No. 6078 of 2025 8. If the petitioner is not willing to assume the responsibility of the baby, the State and its agencies shall assume full responsibility and offer medical support and facilities to the child, keeping in mind the best interests of the child and the statutory provisions in the Juvenile Justice (Care and Protection of Children) Act, 2015. 9. Respondent No.1 – State shall pay the compensation to the petitioner – victim in terms of the Government Order No.HD 42 PCB 2018, dated 25.09.2018. 10. Official respondents shall file status report in two weeks. 11. A copy of this order shall be furnished to learned High Court Government Pleader. 12. Registry shall communicate this order to the Hospital – Mysuru Medical College and Research Institute, Mysuru, forthwith, by way of electronic mail. SD/- _____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 114