HC expounds victim must be alive in order to exercise the Right to Live with Dignity

 

The single judge bench of Justice Raj Mohan Singh of the Punjab and Haryana High Court in the case of Ms k Vs State of Haryana and Another held that in order to exercise article 21 of the constitution, the victim needs to be alive.

BRIEF FACTS

The factual matrix of the case is that the writ petition was filed in order to direct the respondent to medically examine the petition, who is a minor rape victim through its medical board as there is an imminent threat to her life attributable to her forced pregnancy

The learned counsel appearing on behalf of the petitioner contended that the victim is a minor rape victim who has become pregnant and considering her young age, giving birth to a child would be embarrassing and risky to her life. Also, the minor may suffer physical and mental abnormalities.

After that, the petitioner along with the minor girl was allowed to appear before the medical superintendent and further ensure that the medical examination report will be sent to the court in a sealed cover. According to the Board, ending a pregnancy at this stage of development (27 weeks plus 6 days) will be equivalent to giving birth to a viable, living baby. In addition, if the pregnancy continues, she may be in danger of harming herself because of suicidal thoughts. 

The counsel for the petitioner to support his arguments in order to show a willingness to undergo MTP relied on the judgments titled, ‘A vs Union of India,’ (2018) 14 SCC 75, ‘Sarmishtha Chakrobortty and another Vs. Union of India,’ (2018) 13 SCC 339 and ‘Murugan Nayakkar Vs. Union of India,’ 2007 SCC OnLine SC 1092.

COURT’S OBSERVATION

The court observed that the woman has a right to live with dignity in view of Article 21 of the Constitution of India, but in order to exercise that right, the victim has to be alive. When there is a contingency as regards her chances of survival on being surgically operated on, then this right becomes very subjective. The opinion rendered by the Medical Board is something that carries both possibilities, leaving the parties to face some uncertainties. 

After taking into consideration the facts and circumstances of the case, the court requested the medical superintendent to admit the victim and provide medical and psychiatric support. Further, the final decision of the operating team will prevail for the welfare of the victim and the unborn child. If the child is born then, both the respondent will act in tandem as per the guidelines on the subject. Also, the medical team is required to have a complete record of the procedure of termination of pregnancy of the victim and shall also take the blood samples of the foetus for conducting the DNA and other tests.

CASE NAME- Ms k Vs State of Haryana and Another

CITATION- CWP No.17663 of 2022(O&M) 

DATED- 10.08.2022

CORUM- Justice Raj Mohan Singh

Read Judgment ; 

 

 

 

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(With input from news agency language)

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