- (1.) Heard Sri Mohsin Iqbal, learned counsel for the petitioner and learned Standing counsel for State of U.P., District Magistrate, District Barabanki and Chief Medical Officer, District Barabanki.
(2.) This petition arises out of an unfortunate incident. Mandamus has been sought by the unfortunate victim of rape to permit her to terminate pregnancy which is a result of undesired incident. The petitioner, who is a minor aged about 13 years, has pleaded through her father, that she may be allowed to undergo this abortion because she will be forced to live with a stigma and constant reminder of a most horrendous and despicable act committed upon her. It has been argued on behalf of the petitioner that in all aspects i.e. social, moral and physical, it will be most appropriate that such a permission may be granted. Learned counsel for the petitioner has placed before us an order of Hon'ble Supreme Court in the case of Chandrakant Jayantilal Suthar and another Vs. State of Gujrat passed on 28.7.2015 in Special Leave to Appeal (Crl.) No.(s) 6013/2015. In almost similar circumstances the Apex Court has passed the order which is before us. We are in respectful agreement with the mechanism and the procedure adopted by Hon'ble Supreme Court. Taking a cue from the aforesaid order of Hon'ble Supreme Court and also considering the impact of continuance of pregnancy on the physical and mental health of the victim, we intend to pass appropriate orders.
(3.) The matter belongs to District Barabanki which is an adjoining District to Lucknow. We are told that medical services as compared to Lucknow are not very good in Barabanki, hence, we feel it proper that Gynecology and Obstetrics Department of King Georges Medical University, Lucknow be requested to medically examine the petitioner. Therefore, we direct the Head of Department, Gynecology and Obstetrics, King Georges Medical University, Lucknow to constitute a team of three senior most teachers/doctors of the department who will be required to take a decision after examining the petitioner.;