75 Landmark Judgments on Constitutional Law by the Supreme Court in 2023 Part III
by Siddharth R. Gupta* and Prakruthi N.**
Cite as: 2024 SCC OnLine Blog Exp 20
Medical Termination of Pregnancy Act
Allahabad HC directs JLN medical college to constitute 5-member team to examine minor rape victim for medical termination of pregnancy
In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother.
“The right to choose lies with the petitioner and not the Medical Board”, Bombay High Court allows termination of pregnancy of 32 weeks
Bombay High Court upheld the petitioner's right to choose termination of pregnancy. ‘The Court considers this petition as an appeal not only to the judicial mind, but to the moral conscience that must accompany it.'
Towards a Rights-Based Approach to Abortion
by Erina Chatterjee*
Punjab and Haryana High Court directs Medical Termination of Pregnancy of minor rape victim
Punjab and Haryana High Court: While deciding the writ petition, a bench of Vinod S. Bhardwaj, J., directed the Medical Board to
“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC
“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”
Unmarried persons cannot be denied rights based on narrow patriarchal principles on “permissible sex”: Key takeaways from SC’s historic verdict on right to safe abortion
While the interim order was passed in the case on 21.07.2022, the Supreme Court took over two months to write a far-reaching 75-pages-long verdict, touching upon various aspects like purposive interpretation of Medical Termination of Pregnancy laws, equal status of married and unmarried or single women, right to reproductive autonomy, right to dignity, effect of unwanted pregnancy on mental health of women, etc.
Woman cannot be denied right to safe abortion only on the ground of her being unmarried: Supreme Court
“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom.”
[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim
Orissa High Court: S. K. Panigrahi, J. disposed of the petition and refused to terminate 24+ week pregnancy of a rape victim.
Bom HC | Termination of pregnancy beyond period of 20 weeks as prescribed under Medical Termination of Pregnancy Act allowed in view of fetal anomalies
Bombay High Court: A Division Bench of R.M. Borde and N.J. Jamadar, JJ. allowed a petition for termination of pregnancy of the petitioner
Abortion allowed as petitioner has every right to take all steps necessary to preserve her own life against the avoidable dangers to it
High Court of Himachal Pradesh: While deciding a writ petition, a Division Bench comprising of Dharam Chand Chaudhary, J. and Vivek Singh
Bombay HC dismisses petition filed by rape victim for termination of 27 weeks’ pregnancy
Bombay High Court: A Division Bench comprising of Ranjit More and Prakash D. Naik, JJ. heard a petition requesting termination of pregnancy
SC issues notice to Centre on guidelines on termination of pregnancies beyond 20 weeks
Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ issued notice to the Central
SC allows a 13-year-old rape survivor to terminate her 32-week-old pregnancy
Supreme Court: The 3-judge bench of Dipak Misra, CJ and Amitava Roy and AM Khanwilkar, JJ allowed a 13-year-old rape survivor to terminate
10-year-old rape survivor, who’s plea to terminate her pregnancy was dismissed, to receive Rs. 10 Lakh compensation
Supreme Court: The 10-year-old girl, who’s plea to terminate her pregnancy was refused by the Supreme Court on 28.07.2017, will receive Rs.
State of Bihar to pay Rs. 10 lacs to a rape survivor who was denied the right to terminate her pregnancy due to delay on the part of authorities
Supreme Court: In the case where a 35-year-old woman was not allowed to abort her foetus by the Patna High Court as
SC allows a woman to abort 25-week-old foetus with unformed skull
Supreme Court: The bench of SA Bobde and L Nageswara Rao, JJ allowed a 26-year-old woman, who is in 25th week of
10 year old rape survivor can’t terminate her pregnacy; Too dangerous for her health
Supreme Court: Based on the medical report of the 10-year-old rape survivor who was repeatedly raped by her uncle, the Court said
Termination of 10-year-old rape survivor’s pregnancy: Notice issued to Centre
Supreme Court: Hearing the appeal of a 10 year old rape survivor aggrieved by the order of a Chandigarh Court that refused