Pushpa Sathyanarayana, J. - (1.) After hearing the learned counsel for the petitioner and the Doctors present before this Court for sometime in the morning, this writ petition was taken up for hearing in the afternoon session today. Considering the nature of urgency involved and ensuing Pongal holidays and it will take sometime for the Registry to undertake certain procedures to issue the order copy, this Court passed the following "advance order" in the open Court : "This writ petition has been filed by the father of the victim, seeking permission of this Court to medically terminate the pregnancy of his daughter in accordance with section 3 of the Medical Termination of Pregnancy Act, 1971. 2. Dr.Ms.Shoba, Director, Institute of Obstetrics and Gynaecology, Government Hospital for Women and Children, Egmore, Chennai - 600 008 and Dr. Seethalakshmi, Project Officer, Family Welfare Department, Institute of Obstetrics and Gynaecology, are present in Court. From the submissions made by the Doctors present, it is learnt that the victim is 18 weeks pregnant. She has become pregnant, being a victim of rape incident. The Director has submitted the report of the victim stating that the victim is unmarried and referred from Government Villupuram Medical College Hospital, Villupuram. She is a known case of Hypothyroid since childhood and is on thyroxine for the same. Her Ultrasound revealed that she is pregnant and gestational age is 17 weeks and 6 days. In the affidavit, it has been stated in para 2 that the victim was intellectually disabled, but the doctors who had examined in the medical health hospital have certified that she is normal and her mental health is within the parameters. 3. As the father only had filed the affidavit, as required under Section 3 of the Medical Termination of Pregnancy Act, consent had to be obtained from the pregnant woman. 4. The learned Counsel for the petitioner had obtained an affidavit sworn-in by the pregnant woman, who is now admitted in the Institute of Obstetrics and Gynaecology, Government Hospital for Women and Children, Egmore, Chennai - 600 008. In para 3 of the said affidavit, she has expressed her willingness to terminate her pregnancy and given her consent voluntarily without any coercion. It is also stated that since the pregnant woman is having congenital hypothyroidism, it is advisable to terminate the pregnancy before the length of the pregnancy exceeds 20 weeks. 5. This Court is of the opinion that the procedure of termination of pregnancy of Ms.D.Kanimozhi, daughter of A.Dakshinamurthy, shall be done by a team of medical experts, including the experts in Obstetrics and Gynaecology under the supervision of the second respondent, who was present in the Court, after examining the physical fitness at the earliest. Accordingly, the Writ Petition is allowed. No costs. 6. Detailed order in this matter will be given later."
(2.) After issuing the above "advance order", the bundle is placed before me to pass the following detailed order.
(3.) The brief facts of the case, as projected in the affidavit filed by the father of a rape victim, are infra : (i) The petitioner, claims to be an agricultural labourer, has three daughters and one son. He lost his wife. His eldest daughter one Kanimozhi, aged about 26 years has intellectual development problems. On 16.12.2018, she complained of uneasiness and stomach pain and she was taken to the Government Hospital, Cuddalore, accompanied by his mother, his sister and himself on 17.12.2018, wherein, it was found that she was pregnant. (ii) Upon enquiry by the Doctors, she disclosed that she was raped by one Parasuraman, which was communicated to the third respondent. (ii) On 18.12.2018, she was taken to the Government Villupuram Medical College and Hospital on the ground that she was found to be anemic and suffering from hypothyroidism. The third respondent received a complaint from Kanimozhi and registered a case in FIR No.23 of 2018. (iii) Thereafter on 27.12.2018, the victim was taken to the Institute of Obstetric and Gynaecology, Egmore, Chennai, for further treatment. (iv) In the affidavit, the father, on behalf of the victim woman, stated that her condition is weak and precarious and she has been treated as an inpatient in the Institute of Obstetrics and Gynaecology, Egmore, Chennai. It is also stated that a medical report dated 05.01.2019 has been issued from the second respondent hospital stating that the victim was brought to the hospital with approximately 4 months of pregnancy ; she is unmarried woman sexually assaulted by a resident of the village ; the patient is diagnosed with "congenital hypothyroidism and intellectual developmental disability and that continuation of pregnancy could put the mother and the baby at risk and termination of pregnancy was advised. The report also states that the victim and her attenders were also insisting on the medical termination of pregnancy. (v) The petitioner, armed with the said report, is before this Court with this writ petition seeking a direction to the first and second respondents to medically terminate the pregnancy of his daughter in accordance with Section 3 of the Medical Termination of Pregnancy Act expeditiously.;