Madurai
Justice G. Ilangovan gave the direction after considering her medical report.
The petitioner is the victim of crime dated August 6, 2021, registered for the offences punishable under Sections 354(B), 354(C) 328, 376 and 509 IPC. Seeking termination of pregnancy, this petition was filed mainly on the ground that because of the offence committed by the accused, she was conceived and the conception is seven weeks. Now, she does not want to bear the child because of humiliation.
Earlier on September 1, the petitioner was present before court through video conference and was interacted to know about her willingness to abort the child. She expressed willingness to abort the child and no pressure from anyone came to her.
A CD file on perusal showed that on August 7, 2021, she was examined and found to be eight weeks and two days gestation. She’s then directed to be examined by the Head, Obstetrics and Gynecology Department, attached to the Medical College Hospital, Madurai. She was taken to the medical examination on September 2, 2021.
During the examination, it was found that she was 10 to 11 weeks pregnant. She’s also suffering from anemia. So, termination could be conducted by arranging the blood transfuses.
The doctor concerned also appeared before the court through video conference and after enquiring, the doctor opined that the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical and mental health and there is a substantial risk if the child was born, it would suffer from physical or mental abnormalities as to be seriously handicapped.
Before and after the termination, psychological counseling needs to be given to the petitioner. Hence, under the provisions of Medical Termination of Pregnancy Act, the termination could be conducted in the Government Medical College Hospital, Madurai.
The Judge directed the Dean, Government Rajaji Hospital, Madurai, to make all necessary arrangements for termination of pregnancy.
Further directions said, after the termination of pregnancy is over, sample should be taken from the petitioner as well as the foetus and placenta for DNA Test. It must be handed over to the investigating officer, who’s also directed to send the sample to forensic lab, Chennai, for conducting DNA test and for preservation for future use in investigation and trial process.
The petitioner should be allowed to stay in the hospital till she’s completely recovered and compliance report must be submitted to court. The case was adjourned to September 9.
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