Allahabad High Court Orders Medical Examination Of 12 Y/O Rape Victim Carrying 16 Weeks Of Unwanted Pregnancy

The Allahabad High Court today ordered a medical examination of a 12-year-old rape victim who is presently carrying 16 weeks of unwanted pregnancy and has asked the state government to bear the entire expenses.

The Bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla ordered the KGMU Administration Lucknow to ensure admission of the victim girl and to conduct a medical examination, a report of which has to be presented before the court on or before September 14, 2022.

Essentially, the Girl was raped in April 2022, however, due to fear, she didn't disclose anything about the incident to anyone. Thereafter, in August 2022, she finally narrated the entire story to her parents and thus, an FIR was lodged and the accused was arrested.

Thereafter, she moved a representation before the concerned authorities of her home district (Bahraich), however, no substantial action was taken and thus, the father of the victim moved to the Gigh Court with the instant writ plea seeking the termination of her unwanted pregnancy.

At the outset, the Court noted that since it lacks medical expertise for expressing an opinion in this regard, therefore, noting that the victim has claimed that she is carrying 16 weeks of pregnancy, the Court issued the following order to the KGMU Administration:

"Let the victim be examined at KGMU, Lucknow at the earliest. The victim is permitted to be taken to the KGMU, Lucknow immediately where she shall be admitted and subjected to the medical examination. Registrar, KGMU, Lucknow is hereby directed to ensure admission of the petitioner whose name shall remain undisclosed. The medical report upon the examination of the victim shall be placed before this court on or before 14.09.2022. The guardian of the victim namely Bharat Lal shall ensure production of the victim at KGMU, Lucknow on 10.09.2022. Compliance report shall be submitted by KGMU, Lucknow through the Chief Standing Counsel or the Standing Counsel appointed by the KGMU, Lucknow."

Further, the Court has asked the Chief Medical Officer, Bahraich to arrange for the transportation of the victim along with her guardian to KGMU, Lucknow.

Besides ensuring the arrangement, the expenditure for medical examination, etc, expenditure for lodging of two persons, and all other medical expenses incurred by the victim shall also have to be met from the state funds, the Court ordered.

The matter would be heard next on September 14, 2022. Advocate Ashish Kumar Singh appeared for the petitioner.

Case title - Ms. X Thru. Her Legal Guardian Bharat Lal v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others [WRIT - C No. - 6102 of 2022]

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