[2025:RJ-JD:43442]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18590/2025 Xxx, Xxx ----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Government Secretariat, Jaipur, Rajasthan.

2. The Secretary, Women And Child Development Board, Jaipur.

3. The Superintendent, Govt. Balika Grah, Child Welfare Department, Udaipur (Raj.)

4. Chief Medical And Health Officer, District Udaipur

5. The Superintendent Of Police, District Udaipur.

6. The Station House Officer, Police Station Surajpole, District Udaipur (Raj.)

7. The Superintendent, Maharana Bhopal Govt. Hospital, Udaipur (Raj.)

----Respondents For Petitioner(s) : Mr. Prakash Chaudhary (Pro Bono)

For Respondent(s) : Mr. Nishant Gaur for Mr. N.S. Rajpurohit, AAG HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

25/09/2025

1. Learned counsel for the petitioner submits that medical report has been received and the same suggest that termination of pregnancy is not safe at this stage.

2. The medical report dated 20.09.2025 is taken on record.

3. At this stage, learned counsel for the petitioner submits that the present writ petition may be disposed of in light of the directions passed in identical writ petition bearing SBCWP No.16629/2025 (X Vs. The State of Rajasthan and Ors.).

4. In case of X Vs. The State of Rajasthan and Ors. (supra), this Court has observed as under :-

‘1. Learned counsel for the petitioner submits that in compliance of the order dated 28.08.2025, the Medical Board examined the pregnancy, however, opined that the termination of pregnancy was not medically advised.

2. A copy of the report dated 29.08.2025 as shown by the learned counsel for the petitioner is taken on record.

3. Learned counsel for the petitioner, at this stage, submits that the present writ petition may be disposed of in light of the directions given by a Coordinate Bench of this Court in S.B. Civil Writ Petition No.295/2025 (X Vs. The State of Rajasthan and Ors.) vide order dated

07.01.2025.

4. In case of X Vs. The State of Rajasthan and Ors. (supra), a Co-ordinate Bench of this Court has observed as under :-

‘1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner (a minor) through her mother seeking medical termination of pregnancy, seeking following relief(s):

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and; 1. The direction may kindly be passed to the respondents to terminate the prenancy of the victim Miss “S” D/o Sanjay Kumar in relation/continuation of the FIR No.746/2024 P.S. Hanumangarh Junction, Hanumangarh. 2. The respondents may kindly be directed to keep the DNA of the fetus preserved in relation to the charges of rape upon the accused. 3. That any other appropriate relief, which this Hon’ble Court High Court deems just and proper may kindly be granted in favour of the petitioners.”

2. It is averred by the counsel for petitioner that Petitioner is a rape victim and she does not wish to continue the pregnancy. He also submits that the mother of the petitioner also does not want her daughter to continue the pregnancy.

3. On the request of the petitioner, this court vide order dated 06.01.2025 gave following directions: “...5. The respondent No. 3-The Superintendent, Mahatma Gandhi Memorial Government Hospital, Hanumangarh, is directed to depute an expert Sonologist at the said hospital to conduct sonography of the petitioner today itself. The petitioner along with her mother, is directed to remain present before the concerned doctor for conducting sonography. The concerned doctor shall conduct sonography to ascertain the gestation age of the foetus. The respondent No.3- The Superintendent, Mahatma Gandhi Memorial Government Hospital, Hanumangarh shall constitute a Medical Board of senior doctors and opine as to whether the medical termination of the pregnancy shall be safe for the minor or not. 6. It is furth