Rajasthan HC Requests Counsel To Bear Delivery Expenses Of Pregnant Minor Rape Victim Upon State Govt's Denial To Provide Funds

In a case involving a minor victim of rape, a bench of Justice Dinesh Mehta at the Rajasthan High Court requested the advocate appearing for the pregnant minor to bear all expenses relating to her delivery while hearing a petition filed by the minor's father seeking a direction to the State to bear expenses upon their denial to do so.

The Court in turn requested Adv. Shreyansh Mardia to bear the delivery expenses of the minor, which was agreed to by the counsel.

The minor was represented by Adv. Priyanka Borana. It was submitted by the counsel that the Court had allowed medical termination of the minor's pregnancy by an earlier order, however, when the girl was taken for the operation, it was found that the foetus was already 29 weeks and termination was considered to be a threat to the minor's health. Hence, the pregnancy could not be terminated.

In this light, the petition was filed by the minor's father seeking a direction to the State Government to bear all the expenses of the minor's delivery and also to take all necessary steps for facilitating the adoption of the child in case it was desired by the minor and her parents. Reference was given to a Supreme Court case of X. v State of Maharashtra & Anr. to argue that it was the responsibility of the State to bear the expenses.

Opposing this, the Additional Advocate General appearing on behalf of the State Government argued that the State could not be directed to bear the medical expenses of the delivery.

In this background, the Court requested Adv. Shreyansh Mardia, who was appearing for the minor, to bear the delivery expenses for the girl and the same was assented to by the counsel.

“On Court's request, Mr. Shreyansh Mardia, Advocate has volunteered to bear all the expenses relating to the delivery of the victim. In light of the gesture showed by Mr. Shreyansh Mardia, Advocate, no direction for bearing the delivery expenses is required to be given to the State.”

Accordingly, the Court opined that there was no need to direct the State Government to bear the delivery expenses of the minor, and directions were given to the Child Welfare Committee to provide counselling to the minor and her parents about the process of adoption if they desired and also take the custody of the child if the committee deemed expedient.

Title: X v the State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 238

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