2017 Supreme(SC) 752
DIPAK MISRA, AMITAVA ROY, A.M.KHANWILKAR
Ms. Z – Appellant
Versus
State of Bihar – Respondent
Judgement Key Points
- Identity of the rape victim must be protected by substituting her name with "Ms. Z" in all court records, official websites, and search engines. (!) (!)
- Pregnancy of a destitute HIV-positive rape victim should be terminated by hospital authorities under the Medical Termination of Pregnancy Act, 1971, when within permissible limits and consent is given. (!)
- High Court erred in denying termination; medical board did not indicate risk to life, victim alleged rape (presuming grave mental injury), was adult (35 years), and capable of consent despite mild mental retardation (distinguished from mental illness). (!) [1000596790006][1000596790022][1000596790026][1000596790038]
- Hospital negligence in delaying termination despite victim's consent, rape allegation, and FIR under IPC Section 376; termination feasible at 17-20 weeks without life risk. [1000596790021][1000596790025][1000596790038]
- Consent of victim's guardian not required as she was major, destitute, not mentally ill, and capable of expressing consent; no need to implead husband or father. [1000596790026][1000596790027][1000596790054] (!)
- Victim entitled to Rs. 3,00,000 under Bihar Victim Compensation Scheme (Section 357A CrPC, Clause 4) as rape victim. (!) [1000596790052]
- Additional Rs. 10,00,000 compensation under public law remedy for hospital negligence causing ongoing grave mental injury, trauma, and denial of reproductive rights; to be fixed deposit with interest for victim's and child's use. [1000596790043][1000596790052][1000596790053]
- State must provide full medical care, treatment graph coordination (e.g., via AIIMS), nutrition, and post-natal support for victim and child up to age 5; ongoing liberty to approach High Court. (!) (!) [1000596790012][1000596790053]
- High Courts must handle such cases with sensitivity, prioritizing victim's rights over fetus or family consents; promptitude essential as time critical in pregnancy. [1000596790013][1000596790054][1000596790057]
- Actus curiae neminem gravabit not applicable; liability on hospital authorities (PMCH), not court delay. [1000596790054][1000596790055]
- Reproductive autonomy part of Article 21 dignity; rape pregnancy presumes grave mental injury (MTP Act Section 3(2) Explanation 1); doctor's good faith opinion required in Form I. (!) (!) [1000596790020][1000596790024][1000596790027]
- Mild mental retardation does not negate consent capacity; evaluation based on individual's ability, not blanket guardian override for majors. [1000596790006][1000596790026][1000596790032][1000596790038]
JUDGMENT
Dipak Misra, J.
An interlocutory application being I.A. No. 64980 of 2017 has been filed seeking certain directions. Having heard learned counsel for the parties, it is directed that name of the appellant in the cause title be substituted with Ms. Z so that her identity is not revealed; the Registry of the Court shall substitute the name of the appellant with Ms. Z in all records, including on the official website of this Court, and the Registry of the High Court of Patna shall substitute the name of the appellant with Ms. Z in all records, including the official website of the High Court. Leave is granted to the appellant to seek substitution of her name with Ms. Z on all search engines such as google.com, legal websites such as indiakanoon.org as well as legal journals. Interlocutory application is accordingly allowed.
2. The factual score that has been depicted in the instant appeal is reflective of a retardant attitude and laxness to the application of the provisions of law at the appropriate time by the authorities that can cause a disastrous affect on the mind of a
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