Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
abortion
‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child
A woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme.”
Gujarat HC permits 15-year-old mentally challenged girl to undergo abortion at 28 weeks of pregnancy
“Considering the fact that the minor girl is aged about 15 years, and she is mentally challenged, coming from a very low strata of the society and considering her family background as well, in all probability the girl would face a lot of problems in raising the child.”
‘Grave danger to mental health by continuation of pregnancy’: Bombay HC permits a 19-year-old woman to terminate twenty-five-week pregnancy
The Court stated that the petitioner was an adult and was entitled to her sovereign decisions for reproductive autonomy, and the views of her parents or of her partner were not relevant.
[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi
Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.
Pregnant person’s consent, physical and mental health in decisions of reproductive autonomy and termination of pregnancy is paramount: Supreme Court
“Pregnant persons seeking termination of pregnancy seek predictability for their future. The uncertainty caused by changing opinions of the medical board must therefore balance the distress it would cause to the pregnant person by providing cogent and sound reasons.”
Supreme Court recalls earlier order allowing abortion of 14-year-old rape survivor, as parents raised health concerns
Earlier, the Supreme Court has directed the Dean at Sion Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor.
SC upholds Karnataka HC order quashing proceedings against man accused of rape on false promise to marry due to inconsistent Prosecutrix testimonies
Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
Right to Abortion | French Senate votes in favour of enshrining Freedom of Women to Voluntarily Terminate Pregnancy in the French Constitution
The aim to enshrine the right to abortion in the French Constitution which gained impetus after SCOTUS overruled Roe v. Wade in 2022 was finally fulfilled with 780 MPs favouring the inclusion.
Know why Kerala High Court refused abortion for minor impregnated by minor brother
The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.
Minor girl impregnated by her own brother; Kerala High Court allows termination of pregnancy
Considering the fact that various social and medical complications are likely to arise since the child will be born from the girl's own sibling, Kerala High Court found the permission sought for termination of pregnancy to be inevitable.
Delhi High Court refuses to quash FIR against doctor accused of carrying out illegal sex determination; issues direction for proper implementation of PCPNDT (Prohibition of Sex Selection) Act
The Delhi High Court observed that it was aware of the conflict that plagued women who were torn between societal and familial pressure to bear sons and the emotional stress and moral uncertainty they experienced for not bearing a male child.
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
US District Court | Texas’ anti-abortion laws do not have extra-territorial operation and cannot regulate abortions that take place outside the State of Texas
While deliberating over the case filed by non-profit abortion funds operating in Texas, the US District Court held that Texas’ Attorney General cannot enforce Texan anti-abortion laws outside the State of Texas
The Emerging Dimensions of Medical Termination of Pregnancy Act, 1971
by Sanjay Vashishtha†
Cite as: 2023 SCC OnLine Blog Exp 10
Supreme Court strikes balance; 20-year-old pregnant woman’s child to be adopted by couple registered with CARA
The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.
What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers
A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.
US Court of Appeals (7th Circuit) reverses bar on enforcement of Indiana law requiring abortion providers to dispose of foetal remains either by burial or cremation
The court has reversed the US District Court order that had barred the enforcement of a law passed by Southern District of Indiana, requiring the medical providers to dispose of foetal remains via burial or cremation instead of as “medical waste” stating that the law violated the First Amendment.
Abortion| Kerala HC allows a 14-year-old girl to get medical termination of her 28-week pregnancy
Kerala High Court: V. G. Arun, J., allowed medical termination of 28-week pregnancy of a 14-year-old girl. The mother of
“With sorrow—for this Court, but more, for the many millions of American women…we dissent.” Read SCOTUS dissent on Right to Abortion case
“After today, young women will come of age with fewer rights than their mothers and grandmothers had”.