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
MTP Act
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Women are not compelled to carry pregnancies leading to birth of child with severe abnormalities’; Delhi HC allows medical termination of pregnancy beyond 24 weeks
Section 3(2B) of the MTP Act ensures that gestational age does not hinder necessary medical intervention in cases of substantial fetal abnormalities.
‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks
“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”
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.
Decoding Supreme Court three Judge bench verdict in 26-week pregnancy case
Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.
Know how the Question of abortion versus preterm delivery for unplanned pregnancy led to Supreme Court split verdict
A letter was received by ASG seeking clarification from the Court regarding whether foeticide can be done before termination process since the baby was viable, and that if that was not done, it would be a preterm delivery and not a foeticide.
Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
Supreme Court delivers split verdict in 26-week medical termination of pregnancy case
The case is of a married couple who conceived for a third time and due to financial and emotional reasons cannot raise the child. The woman sought the court’s intervention for abortion, as her pregnancy had crossed the legally permissible limit of 24 weeks for abortions under the MTP Act
The Emerging Dimensions of Medical Termination of Pregnancy Act, 1971
by Sanjay Vashishtha†
Cite as: 2023 SCC OnLine Blog Exp 10
“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.'
Opinion of the Medical Board in cases of termination of pregnancy is of considerable importance; Delhi High Court enlists standard factors on which the Opinion should be given by the Board
Delhi High Court: In a case filed seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (MTP
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
Delhi High Court allows medical termination of pregnancy for a 16-year-old rape victim having foetus beyond 28 weeks
Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,
An Analysis of the Evolving Law of Abortions in Light of Roe v. Wade Judgment
by Wasim Beg* and Shaaivi Shukla**
Foetus with severe cardiac anomaly, but pregnancy beyond 24 weeks: Can a mother be permitted for termination of pregnancy? Del HC explains in light of ‘mental health’ of mother
Delhi High Court: While explaining whether a pregnant woman can seek termination of pregnancy beyond 24 weeks, Jyoti Singh, J. (Vacation Judge)
Kar HC terminates 24 + week pregnancy of a rape surviving major who was a minor at the time of crime, on the opinion of Medical Board
Karnataka High Court: N S Sanjay Gowda, J., directed the Medical Practitioners to terminate the pregnancy in accordance with the provisions of
[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.