Rajasthan High Court: In an application filed by the father of a minor rape survivor seeking directions for the State Government to bear the expenses of the delivery and facilitate the adoption of the child after birth, a single-judge bench of Dinesh Mehta, J., recalled its earlier order dated 20-08-2024 permitting the termination of pregnancy as by the time, the minor was taken to the hospital for the procedure, the foetus was already of 29 weeks and hence, the pregnancy could not be terminated being wary of the threat to the minor’s health. On the Court’s request, the petitioner’s advocate volunteered to bear all the expenses relating to the delivery of the minor.
In the instant matter, an application was filed by the father of a minor rape survivor seeking direction to (1) the State Government to bear all expenses related to the delivery of the minor’s child and (2) if the minor and her parents wish to give the child up for adoption, the State should facilitate the process. The applicant argued that in light of A v. State of Maharashtra, (2024) 6 SCC 327, the State is responsible for bearing the delivery expenses. While the State did not oppose the recall of the termination order, it, however, contended that it cannot be directed to bear the medical expenses of the delivery.
The Court recalled its earlier order dated 20-08-2024, permitting the termination of pregnancy, as it was no longer feasible. At the Court’s request, petitioner’s advocate Mr. Shreyansh Mardia volunteered to bear all the expenses relating to the delivery of the minor. In light of the gesture shown by petitioner’s advocate, the Court noted that no direction for bearing the delivery expenses is required to be given to the State.
The Court directed the Child Welfare Committee, Sirohi, to provide counselling and assistance to the minor and her parents regarding the adoption process if they choose to proceed with it. The Court also gave discretion to the Committee to take custody of the newborn if deemed necessary.
[X v. State of Rajasthan, 2024 SCC OnLine Raj 2684, Decided on 30 -08-2024]
Advocates who appeared in this case :
Ms. Priyanka Borana and Mr. Shreyansh Mardia, Counsel for the Petitioner
Mr. N.S. Rajpurohit, AAG, Counsel for the Respondents
