ORDER

1. The present petition is filed seeking a direction for termination of the pregnancy of the prosecutrix.

2. The petitioner is a minor rape victim.

3. Learned counsel for the petitioner submits that the prosecutrix and her natural guardian do not want to continue with the pregnancy. By order dated 18.10.2022, this court directed the committee of Doctors at MY Hospital, Indore to examine the prosecutrix and to submit a report before this Court.

4. Learned counsel for the respondent/state submitted a report of MY Hospital, Indore dated 20.10.2022, wherein it is stated that the prosecutrix is having 25 weeks pregnancy and the pregnancy can be terminated. Learned counsel for the petitioner submits that the termination of pregnancy may be done in MY Hospital, Indore as better medical facilities are available there.

5. For the said purpose, the victim shall be produced before the Superintendent of MY Hospital, Indore on 29.10.2022

6. A co-ordinate Bench of this Court in the case of Sunderlal v. The State of M.P. and others [W.P. No.20961/2017, decided on 6.12.2017] has taken into consideration a case under similar situation. It is laid down that a victim of rape cannot be compelled to give birth to child of rapist. It is further held that if the conditions enumerated in the Act 1971 are accomplished, pregnancy of the victim can be terminated.

7. The rape victim has a valuable right to take decision regarding termination of pregnancy and such right is flowing from Article 21 of the Constitution of India. Reference is made to the judgment rendered by the Apex Court in the case of Chandrakant Jayantilal Suthar and another v. State of Gujrat, (2015) 8 SCC 721.

8. The apex Court in Chandrakant Jayantilal Suthar and another (supra) which was followed in the subsequent judgments rendered in the cases of Meera Santosh Pal and others v. Union of India and others, (2017) 3 SCC 462 and X and others vs. Union of India and others, (2017) 3 SCC 458 coupled with the fact that the victim has valuable rights to take a decision regarding termination of her pregnancy as enshrined under Article 21 of the Constitution of India and the medical report of the Committee, the instant writ petition is disposed of with the following directions:

(i) The Committee of the M.Y Hospital, Indore shall examine the conditions of the victim before carrying out termination of the pregnancy and in case they are of the considered opinion, that no other complications are there in carrying out termination of the pregnancy, the same will be conducted in the M.Y Hospital, Indore.

(ii) The Superintendent, M.Y Hospital, Indore shall personally monitor and ensure that termination of pregnancy of the victim is carried out with extreme care and caution. They will also ensure all medical aids and assistance to be provided to the victim after termination of her pregnancy, free of costs.

(iii) The respondents are further directed that after termination of the pregnancy, they will keep safe the DNA sample of the foetus in a sealed cover as per prescribed procedure

(iv) At the cost of repetition, in my opinion, there is a great urgency in this matter, considering the duration of pregnancy and medical report given thereon. Thus, it will be the solemn duty of the respondents to ensure compliance of this order in stricto sensu.

(v) A typed copy of this order be given to Shri Hitendra Tripathi, Deputy Government Advocate for the State during course of the day for doing the needful. Shri Hitendra Tripathi is requested to communicate this order to the respondents forthwith.

9. With the aforesaid observation and directions, the writ petition stands disposed of.