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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. PONGIAPPAN, J.
V. Durai – Petitioner
Versus
The Dean, Thanjavur Medical College and Hospital and Others – Respondents
W.P. (MD) No. 12132 of 2020
Decided On : 21-09-2020
Writ Petition - Termination of Pregnancy - Medical Termination of Pregnancy Act, 1971 - Section 3, Section 5 - The court directed the termination of pregnancy of a minor victim under the Medical Termination of Pregnancy Act, 1971, despite the pregnancy exceeding the statutory limit, considering compelling reasons and the well-being of the victim.
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the termination of his minor daughter's pregnancy, a victim of a sexual offense, under the Medical Termination of Pregnancy Act, 1971.
Finding of the Court:
The court found that the victim's pregnancy, exceeding the statutory limit, should be terminated considering compelling reasons and the victim's well-being.
Issues: The main issue was whether the court should direct the termination of the minor victim's pregnancy under the Medical Termination of Pregnancy Act, 1971, despite the pregnancy exceeding the statutory limit.
Ratio Decidendi: The court held that despite the pregnancy exceeding the statutory limit, compelling reasons and the well-being of the victim warranted the termination of the pregnancy.
Final Decision: The court directed the first respondent to commence the termination of pregnancy process forthwith, ensuring the safety of the victim, and preserving the foetus samples for medical tests in the pending criminal case.
JUDGMENT :
R. PONGIAPPAN, J.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to terminate the unwanted pregnancy of the petitioner's daughter minor D. Swathi, aged 16 years, born on 23.07.2004, as per the recommendation of the second respondent in No. 261/Ma.Ku.Pa.A/2020, dated 14.09.2020, caused due to the crime committed against her in Crime No. 13 of 2020, dated 18.08.2020, for the offence under Sections 5(i), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012, by considering the petitioner's representation dated 14.09.2020, within a time frame as fixed by this Court.
1. The petitioner's daughter (Minor) D. Swathi, is a victim in Crime No. 13 of 2020, on the file of the third respondent Police, registered for the offence under Sections 5(i), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 [in short “the POCSO Act”]. According to the petitioner, he is having two children and his wife deserted him before seven years ago and his son is studying VIII Standard in a Government School and his daughter viz. D. Swathi, aged about 16 years, is studying XII Standard in the Government Higher Secondary School, Pattukottai. They are living in a hut and the petitioner used to go to work in the morning and return only in evening. Taking advantage of his absence in his house, one Pavithran, son of Kathiresan, resident of the petitioner's Village, committed crime against his minor daughter viz. D. Swathi and due to which, the victim girl got pregnant and she is now 5 months pregnant. Since the victim is a Minor girl, aged about 16 years, the petitioner has moved the authorities to terminate the pregnancy of his minor daughter, as it would affect her both physically and mentally. Alleging inaction on the part of the authorities, he has filed the instant Writ Petition seeking a Writ of Mandamus to direct the first respondent/Dean, Thanjavur Medical College and Hospital, Thanjavur, to terminate the pregnancy of his minor daughter.
2. Learned Counsel appearing for the petitioner would submit that the petitioner took the victim girl in the Government Hospital, Thanjavur and the victim was subjected for medical examination by the Doctor. The Doctor, after examination, opined that the victim was 5 months pregnant. Based on the complaint given by the petitioner's daughter, a case in Crime No. 13 of 2020, for the offence under Sections 5(i), 5(j)(ii) and 6 of the POCSO Act, 2012, has been registered against the accused. Thereafter, the petitioner took the victim girl to the Thanjavur Medical College and Hospital and requested them to terminate the unwanted pregnancy. They have admitted her in the Hospital, but refused to terminate the pregnancy, because of the registration of a criminal case. Further, one Indirani, Assistant Professor, Department of Obstetrics and Gynaecology, Govt. Raja Mirasudar Hospital, Thanjavur, examined the said victim girl and in view of her physical and mental health condition, suggested for terminating the pregnancy. Based on this report, the District Child Protection Officer has addressed a letter to the District Legal Services Authority, Thanjavur, requesting appropriate action, but there was no further progress. According to the learned Counsel appearing for the petitioner, delay in taking any decision for terminating the pregnancy would affect the victim badly and therefore, prays for allowing this petition.
3. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.
4. At this juncture, it is relevant to refer Section 3 of the Medical Termination of Pregnancy Act, 1971 (in short ‘the Act’) which deals with termination of pregnancy and the same is extracted as under:
(1) Notwithstanding anything contained in the Indian P
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