Police should inform victims of option of termination of pregnancy: Karnataka High Court
Bengaluru, Dec 13: While allowing a rape victim to terminate a pregnancy that was in the 24th week, the High Court has directed that all jurisdictional police should inform victims of the option available for termination of pregnancy so that they do not have to approach the courts at a belated stage.
The 17-year-old victim's father had approached the HC seeking for medical termination of her pregnancy. She is subject to a crime under Section 376 (rape) of the IPC and POCSO Act.
As a result of the crime she conceived and is currently 24 weeks pregnant. The petition claimed that the victim does not want to continue with the pregnancy and sought medical termination.
Justice Suraj Govindaraj, who heard the petition in his order on December 11, said such a situation would not have arisen "if at all such a decision had been taken earlier, then there would have been no requirement for the petitioner to approach this Court." .
It, therefore, directed the Principal Secretary, Home Department, to issue necessary directions to all jurisdictional and/ or investigating officers "to make known the availability of an option of medical termination of pregnancy, the procedure and process required to be followed for the same if the victim and/or natural guardian so desire.".
The investigating officer should also keep ready a member or representative of the jurisdictional Child Welfare Committee or the District Child Protection Unit, the court maintained.
The HC had also directed a Medical Board consisting of a gynecologist, pediatrician and psychologist to give an opinion on the fitness of the victim in the present case to undergo medical termination of pregnancy (MTP).
The report was submitted on December 12. The HC then allowed the MTP to be carried out.
The HC ordered that after the MTP, the tissue samples of the foetus should be preserved for the purpose of DNA analysis if required or ordered by the trial court in the POCSO case.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
