HALLO BI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner before this Court, who is in Jail in respect of a Crime registered at Crime No. 1492 / 2012 for an offence punishable u/S. 302 of the Indian Penal Code, has filed this present petition for issuance of an appropriate writ, order or direction directing the respondents to permit the petitioner to terminate her pregnancy.

(2.) The contention of the petitioner is that she was forced into prostitution by one Usman and on account of forced prostitution, she became pregnant. Petitioner has further stated that an application was submitted to the Jail Authorities for termination of pregnancy and the matter was forwarded to the CJM, Indore for grant of necessary permission and the CJM in a mechanical manner, on 14/12/12 has rejected the petitioner's application for grant of termination of pregnancy. Notices were issued by this court on 10/1/13 and Mr. Piyush Mathur, learned Senior Counsel was appointed as amicus curiae to assist this Court.

(3.) Section 3 of The Medical Termination of Pregnancy Act, 1971 provides a medical opinion by a registered medical practitioner and, therefore, the matter was immediately referred to obtain an opinion from the Head of the Department, Gynaecology and Obstetrics, M.G.M. Medical College / M. Y. Hospital, Indore. The petitioner was subjected to medical examination by Dr. Laxmi Maroo, Professor and Head of the Department, Gynaecology and Obstetrics, M.G.M. Medical College, Indore and her report reflects that at the time of medical examination, the petitioner has stated that she is not willing for termination of pregnancy.