Madhya Pradesh HC Allows Medical Termination Of Pregnancy For Minor Rape Victim; DNA Fingerprinting Of Fetus Ordered
The Madhya Pradesh High Court allowed the medical termination of the pregnancy of a 14-year-old minor rape victim while ordering DNA fingerprinting for the examination of the fetus.
The Jabalpur Bench directed that the blood sample of the accused be sent to the DNA Fingerprinting Unit for comparison and that the preserved fetus be immediately handed over to the investigating agency. The Investigating Officer was instructed to send the fetus to the DNA Fingerprint Laboratory within two days from the date of seizure.
A Single Bench of Justice Gurpal Singh Ahluwalia observed, “The Doctors are also directed to preserve the fetus and they are directed not to preserve the fetus in formalin solution. They shall preserve the fetus as per the directives of DNA Test Laboratory. The preserved fetus shall be immediately handed over to the investigating Agency and the Investigating Officer is directed to send the fetus to DNA Fingerprint Laboratory within a period of two days from the date of seizure of the said fetus.”
Advocate Aniruddh Prasad Shah represented the petitioner, while DAG Swapnil Ganguli appeared for the respondents.
The father of the minor victim had registered an FIR under Section 363 of the IPC after she went missing. After her recovery, the police added charges under Sections 366, 376(3), 376(2)(n) of the IPC and Sections 5/6 of the POCSO Act, on the charges of kidnapping and rape.
The petitioner (father of the victim) submitted that if the pregnancy of his daughter was not medically terminated, then she would suffer from mental agony and “she is not fit to give birth to a child of a rapist.”
In compliance with an earlier Court directive dated May 29, 2024, the State submitted a report from the Chief Medical and Health Officer (CMHO), based on the findings of the District Medical Board. The report confirmed that the pregnancy could be terminated due to substantial fetal abnormalities, as approved by the medical board.
The High Court ordered the CMHO and the District Hospital in Singrauli to admit the victim and perform the procedure immediately. If required, she may be referred to a multispeciality hospital for better treatment.
The Court also ordered the preservation of the fetus for DNA testing, instructing that it should not be preserved in formalin solution but according to DNA Test Laboratory guidelines. The preserved fetus must be handed over to the investigating agency within two days, and the DNA Fingerprinting Unit is to provide their report within one month.
The Bench pointed out that the accused, who had already been arrested, would have his blood sample compared for DNA comparison.
Referring to the Bombay High Court case of Shaikh Ayesha Khatoon v. Union of India (2018 SCC OnLine Bom 11), the Court clarified that “the Doctors, who will carry out the medical termination of pregnancy as well as the State Government shall not be responsible and the medical termination of pregnancy shall be conducted only at the risk and cost of parents of the prosecutrix.”
Consequently, the Court stated that the “respondents are directed to carry out the termination of pregnancy of prosecutrix immediately”
Accordingly, the High Court disposed of the petition.
Cause Title: A v. State of Madhya Pradesh & Ors.
Appearance:
Petitioner: Advocate Aniruddh Prasad Shah
Respondents: DAG Swapnil Ganguli