Kar HC | Medical board to examine minor rape victim seeking termination of pregnancy; State to submit reply on compliance of victim identity protection guidelines

Karnataka High Court: P. Bajanthri, J., asked the authorities concerned to place on record in the next hearing “whether the directions issued by Supreme Court with regard to identity revelation of minor rape victim were violated or not?”

Petitioner stated to that the name and identity of the minor  rape victim was revealed along with the documents in which the identity has been revealed, various other authorities have also disclosed the same.

Supreme Court in the case of Nipun Saxena v. Union of India, (2019) 13 SCC 715 had decided that, in order to protect privacy of a victim/minor girl/woman name/s of victim/minor girl/woman and other particulars shall not be disclosed in any of the documents.

While interpreting Section 228-A Penal Code, 1860 and Sections 23, 24 and 33 of POCSO Act, 2012, certain directions were issued.

Therefore, official respondents have been directed to carry out the directions of Supreme Court.

The issue involved in the present matter related to termination of pregnancy, wherein victim is stated to have suffered rape and being a minor her mother filed the present petition.

Thus, Respondent 1 is directed to constitute medical board for the purpose of medical examination of the victim,

“Whether termination of pregnancy would cause any harm to both victim and foetus”.

Respondent 4 is directed to pay sum of Rs 25,000 to the victim as interim compensation.

Due to COVID-19 respondent 3 is directed to issue appropriate pass in order to reach the hospital and respondent 1 to provide ambulance or taxi facility.

If necessary steps have already taken in this regard, the same shall be placed on record on the next date of hearing so as to verify, “Whether any of the authorities have violated Supreme Court direction read with State directions to the authorities or not”.

Matter to be listed on 19-05-2020. [Minor ‘A’ v. Karwar District Hospital, 2020 SCC OnLine Kar 484 , decided on 12-05-2020]

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