Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help.
In doing so the high court criticized the "acute insensitive approach" displayed by the trial court in the present matter observing that it was "cruel" for trial court to expect a rape survivor victim to produce her medical documents. In the present case, the petitioner–mother of the minor girl had first approached the trial court for termination of her daughter's pregnancy which was of 19 weeks on November 30. However, the same was rejected by the trial Court on December 5 on the ground that the petitioner had not produced medical documents in support of her application.
Justice Subodh Abhyankar in its order observed, "First of all, there is no provision in the (MTP) Act of 1971 that such an application can be filed and entertained before the District Court. However, since the medical termination of pregnancy is a matter of life and death touching upon Article 21 of the Constitution, such an application can only be entertained by the High Court under Article 226 of the Constitution. Thus, the application itself ought not to have been considered on merits by the learned Judge of the District Court".
The High Court taking in account the findings in the order passed by the trial court said, "Secondly, the aforesaid finding shows the acute insensitive approach displayed by a Judge, who was required to show utmost empathy to a minor, who was a victim of gang rape. It is rather cruel for a court, any court, to expect from a rape victim to produce her medical documents.”
The counsel for the State submitted the medical report received from the office of Civil Surgeon, Chief Health Officer/Superintendent District Ujjain, according to which the girl was found to be fit for medical termination of her pregnancy, with written and informed consent with due procedural risk.
The high court thus held, “In such facts and circumstances of the case, this Court finds it expedient to allow this petition and permit the petitioner's daughter to have her pregnancy medically terminated by following the due procedure at Civil Surgeon, Chief Health Officer/Superintendent District Ujjain.” The court observed that due to procedural delays, two "crucial weeks" were lost to the "utter prejudice" of the minor girl, which could have been avoided by the swift action of the all the parties concerned.
Therefore, the court directed that whenever a case of rape is registered in any police station, the following procedure shall be adopted:
- The SHO of the said police station, on the basis of the MLC of the survivor indicating that she is pregnant, shall forthwith forward the survivor to the concerned District Court;
- the learned Judge of the District Court, regardless of any application for termination of pregnancy, though not maintainable, filed before it or not, shall refer the survivor to the concerned medical officer/Board to expeditiously submit its report, if the pregnancy of the victim can be terminated;
- the District Court, after obtaining the said medical report, under intimation to the survivor and her parents, directly refer such case and report to the nearest Registry of the High Court;
- the Registry of this Court, in turn, shall register such reference as a Writ Petition under Article 226 of the Constitution, Suo Moto, and list the matter immediately before the concerned Bench having the roster, so that appropriate orders regarding termination of pregnancy can be passed by this Court without any undue delay.
Allowing the plea the high court thereby directed the above order be sent to the Registrar General of High Court at Jabalpur, as also to the Director General of Police, Bhopal to be circulated to all the Police Stations for its proper compliance.
Case Title: X v/s The State Of Madhya Pradesh And Others
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