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TITLE: N v State of Haryana and Others

Decided On-:  19.06.2023

CWP-13409-2023

CORAM: Hon’ble Justice Mr. Vikram Aggarwal  

INTRODUCTION – 

An individual’s willingness is extremely important, and anything done against that individual will undoubtedly result in an unlawful demand or a soul living without purpose.

FACTS OF THE CASE

On the basis of the petitioner’s maternal uncle’s statement, FIR No. 19 was registered at Police Station Ram Nagar, Karnal on 28.01.2023 under Section 346 IPC. The complainant stated that his niece, the current petitioner, had been missing from home since the evening of January 27, 2023. He was suspicious of respondent No. 5. On April 9, 2023, the petitioner was apprehended in Rajpura, District Patiala.On 10.04.2023, her statement was recorded under Section 164 Cr. P.C., in which she stated that respondent No. 5 had kidnapped her and had forcible physical relations with her. Section 346 was repealed, and Sections 343, 376 (2) (n), 506, and 365 IPC were added in its place.The petitioner became pregnant and decided she did not want to keep the pregnancy. According to the learned counsel for the petitioner, the Medical Termination of Pregnancy (Amendment) Act, 2020, prescribes a 24-week limit for medical termination of pregnancy.For specific groups of women, including rape victims. The respondent No. 5 has been served with a court notice. Because the case at hand is very sensitive and requires immediate consideration, the respondent No. 2 is directed to comply with these directions within four days of today, and thereafter, he shall submit a detailed report on affidavit, before this Court on the subsequent date of hearing, making disclosures to the above effect, and the said report shall also carry disclosure qua the allegations, as leveled by the prosecutor.

COURT ANALYSIS AND DECISION

The Hon’ble court has considered the submissions made by both parties with the respective proceeding. The counsel on behalf of the petitioner has leveled his case relying on previous  rulings that I have been in favor of his client’s situation. In a precedent case, the hon’ble apex court has come to the conclusion that the “provisions do not require a narrow interpretation.In the context of abortion, the right to dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy. Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the state. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity”

In the light of satisfactory rulings, This hon’ble court has come an decision

That the petitioner’s case is covered by the provisions of Section 3 of the MTP Act, and in light of the Medical Board’s report, the present petition is dismissed with a direction to the State of Haryana/Medical Superintendent, PGIMS, Rohtak to make immediate arrangements for the medical termination of the petitioner’s pregnancy in accordance with the provisions of the MTP Act. It goes without saying that there should be no delay in carrying out the necessary formalities, and that there is no risk to the petitioner’s life as a result of unwarranted delays or otherwise.

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Written by-  Steffi Desousa Click to view judgement