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2021 Supreme(Online)(MAD) 1935
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2021 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.659 of 2021 Mahalakshmi ... Petitioner Vs.
1. The District Collector, Virudhunagar, Virudhunagar District.
2. The District Social Welfare Officer, The District Social Welfare Office, Virudhunagar.
3. The Dean, Government Hospital, Virudhunagar, Virudhunagar District.
4. The Inspector of Police, All Women police station, Rajapalayam, Virudhunagar District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to terminate the pregnancy of the petitioner's minor niece, namely J, D/o.Late Kaaliappan, aged about 15 within the time frame fixed by this Court.
For Petitioner : Mr.Samuel Gunasingh, for Mr.C.Vanchinathan For Respondents : M/s.B.Bhagavathi, Government Advocate.
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O R D E R
Heard the learned counsel on either side.
2. The writ petitioner is the defacto complainant in Crime No.663 of 2020 registered on the file of the Rajapalayam South police station. The petitioner brought to the notice of the fourth respondent vide complaint dated 02.11.2020 that her niece Minor J was missing from the previous day. Steps were taken by the investigation officer to secure the minor. At this stage on 27.11.2020, the writ petitioner appeared before the fourth respondent along with the kidnapped minor. It was revealed that J was on friendly terms with one Muthukumar. Muthukumar came to be arrested in some case. Without being aware of the same, J called on his mobile phone. His friend Sundar @ Sundareswaran attended the call. He enticed J and kidnapped her. Sundar had physical intimacy with J several times from 02.11.2020 to 24.11.2020. After coming to know of her whereabouts, the petitioner brought her back and produced her before the police.
3. J's father Kaliyappan had died in the year 2012 and her mother is mentally unstable. J was with her aunt and uncle but she was not willing to go with them. Therefore, she was admitted to a social welfare home. Since J had become pregnant, the petitioner wants this Court to direct the official respondents to terminate her pregnancy.
4. Considering the urgency of the matter, this Court ordered notice to the respondents. Dr.R.Rajalakshmi, Assistant Surgeon, Virudhunagar Government Medical College and Hospital, after examining the minor girl, categorically opined that her gestational age is about 10-11 weeks and that continuing the pregnancy may endanger her physical and mental health. In her report, she cited the risks involved in continuing pregnancy and called upon this Court to permit termination of pregnancy on medical grounds.
5. The report filed by the police reveals that Sundar is involved in more than 10 cases. The details are as follows:-
| Crime No. | Offence u/s. | Name of the police station |
| 385 of 2013 109 of Cr.P.C. | Rajapalayam South police station | |
| 12 of 2012 | 27(1) Arms Act & 395 of I.P.C. | Rajapalayam South police station |
| 716 of 2019 505(2) of I.P.C. and Section 3 of TNPPDL Act | Rajapalayam South police station | |
| 606 of 2014 75(1)(c) of TNCP Act | Rajapalayam North police station | |
| 538 of 2015 294(b), | 323, 324, 341and 506(ii) of I.P.C. | Rajapalayam North police station |
| 502 of 2013 302 of I.P.C. | Anuppurpalayam police station, Tirupur | |
| 9 of 2012 | 379 of I.P.C. | Eraniel police station, Kanyakumari District. |
| 83 of 2019 | 379 of I.P.C. | Annur police station, Coimbatore District. |
| 358 of 2019 302 of I.P.C. | Sivakasi Town police station | |
| 763 of 2017 & 722 of 2019 | Theft cases | Sivakasi Town police station |
6. The law of the subject is set out in Section 3 of the Medical Termination of Pregnancy Act, 1971 which reads as follows:-
“3. When pregnancies may be terminated by registered medical practitioners – (1) Notwithstanding anything contained in the Indian Penal Code(45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-
section (4), a pregnancy may be terminated by a registered medical practitioner,- (a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion, formed in good faith, that- (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
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