O R D E R

The Writ Petition had been filed by Mr.S.Krishnamoorthy, residing at No.19-A, Viduthalainagar, Illuppakudi, Karaikudi, Sivagangai District, in the nature of a Mandamus seeking a direction to the first respondent namely, the Dean, the Government Medical College Hospital, Sivagangai, to conduct medical termination of the foetus carried by the daughter of the petitioner, who is a minor.

2.In the affidavit, it had been stated that the petitioner has two daughters. The second daughter is now aged about 16 years. Her date of birth is 20.09.2004. It is stated that the petitioner came to know in the second week of May 2020, that she was in relation with another boy aged about 20 years, residing in the same village Illuppakudi, Karaikudi, Sivagangai District. The petitioner also came to know that his daughter had physical relationship with the boy and as a consequence she was also impregnated. In this connection, a complaint was given to the Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District, on 18.05.2020 and a First Information Report in Crime No.6 of 2020 had been registered under Sections 5(j) (ii), 5(I) and Section 6 of Protection of Child from Sexual Offences Act, 2012.

3. This writ petition came up for hearing on 08.06.2020 and upon hearing the learned Counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, learned Special Government Pleader, who had taken notice on behalf of the respondents, a report was sought from the first respondent, the Dean, Government Medical College Hospital, Sivagangai, before whom the young lady was asked to appear for medical examination on 10.06.2020 at 10.00 a.m. In the order the following queries were raised and the first respondent was requested to send a report after examining the young lady :

(i)the anguish caused by the pregnancy and the mental health of Ms.XXX to address this grave injury.

(ii)the length of the pregnancy.

(iii)the support system available for Ms.XXX to undergo this traumatic experience; and (iv)the risks involved of injury to the health of Ms.XXX.

4.Today, the matter was taken up for hearing through Video Conferencing at 2.15 p.m. A report has been received in a sealed cover. During Video Conference proceedings, the Court had the benefit of hearing Dr.A.Rathinavel, the Dean of the Government Medical College Hospital, Sivagangai, Mrs.J.Padmavathi Devi, learned Special Government Pleader, Mr.P.Aju Tagore, learned counsel appearing for the petitioner and also the Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

The entire materials available on records have been perused.

5. It had been informed this Court that the accused has been taken into custody on 18.05.2020 at about 4.00 p.m. and remanded to Judicial custody. The Medical Termination of Pregnancy Act,1971, is an Act to provide for the termination of certain pregnancy in specific instances including on humanitarian grounds, when pregnancy arises from a sex crime like rape or inter-course and the victim is a minor. In this case, the victim is a minor. She is aged about 16 years. In the report dated 10.06.2020, forwarded to the learned Special Government Pleader by the first respondent in e/f/vz;/ 3940/gt1-2020.

the first respondent had stated that the young lady was examined by Medical Board consisting of the Chief Obstetrician, Chief Psychiatrist, Chief Cardiologist, Chief Physician and Chief Radiologist. It had been stated that with respect to the report of the Chief Obstetrician, the patient is not anemic and no pedal edema is marked. It had been further stated that the young lady was then referred to the Radiologist for opinion for confirming the gestational age, the Cardiologist for opinion for Echo, the Psychiatrist for opinion and counselling of the patient and to the General Physician.

6. In the opinion of the Psychiatrist, given by the Head of the Department of Psychiatry, Government Sivagangai Medical College, Sivagangai, it has been stated as