Rape Victim Suffering from Mental Retardation and Psychosis: MTP Allowed Without Consent: Kerala High Court
DOI:
https://doi.org/10.48165/Keywords:
MTP act, Consent, Consent Mental retardation, Psychosis, Rape victim, Medical board, Doctrine of parens patirae, DNA examination, Test of best interests of the person, Psycho-social rehabilitation centre, Mental health centreAbstract
The victim was found wandering within the limits of Kazhakoottam Police Station and was taken by the Police initially to a psycho-social rehabilitation centre and then to the Mental Health Centre, Peroorkada. The Medical Board at the Mental Health Centre found the victim to be pregnant, having gestation period corresponding to eight weeks as on 4.6.2021 [Para 2]. Certificate issued by the Medical Board attached to the Mental Health Centre, Peroorkada indicates that the victim is suffering from mental retardation with psychosis and is under treatment as inpatient. It is recited in the said Certificate that the victim is unable to take decision or communicate her opinion. Kerala High Court concluded that reverting to the facts, having regard to the fact that the person involved in the case is a rape victim and considering the opinion of the Medical Board, that in a case of this nature, it is in the best interests of the person concerned to permit termination of her pregnancy. In the result, the writ petition was allowed and respondents 5 and 6 were permitted to terminate the pregnancy of the victim involved in this matter at the earliest in accordance with the provisions of the MTP Act, without insisting on the consent of the victim. Having regard to the fact that the person is a rape victim, there was also a direction to respondents 5 and 6 to take the tissue of the fetus and maintain the same for DNA examination.
Downloads
References
[1] Suchita Srivastava v. Chandigarh Admn., (2009) 9 SCC 1.
[2] V.G. Arun, J. Kerala State Legal Services vs. Union of India and Ors., WP(C) No. 12278 of 2021. Date of Judgment: 26.07.2021. Kerala High Court (Ernakulam). Accessed from URL: Interim Order Dated: 16.06.2021. Accessed from URL:https://hckinfo.kerala.gov.in/digicourt/orders/ interimorder/2021/215700122782021_1.pdf
[3] Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971.
[4] P.B. Suresh Kumar, J. Kerala State Legal Services vs. Union of India and Ors., WP(C) No. 12278 OF 2021. Date of Judgment: 26.07.2021. Kerala High Court (Ernakulam). Accessed from URL:https://hckinfo.kerala.gov.in/digicourt/ orders/2021/215700122782021_3.pdf
[5] Exhibit P1: true copy of the FIR in Crime No. 1252 of 2021 Dated: 18.05.2021 at Kazhakoottam Police Station.
[6] Exhibit P2: true copy of Medical Board Certificate No.1685/ 2021.MHC/TVM, Dated: 04.06.2021 issued by the 5th respondent and forwarded to the District Legal Services Authority, Thiruvananthapuram.
[7] Exhibit P3: true copy of the communication Dated: 08.06.2021 from the District Legal Service Authority, Thiruvananthapuram to the Petitioner.
