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The Court remarked that it was repeatedly coming across such matters where, instead of proceeding with the termination of pregnancy, the authorities were shifting their burden to one another, leading to matters travelling up to the Courts seeking permission to carry out the procedure.
“Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman.”
“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”
“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”
Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.
Kerala High Court instructed the Hospital to preserve all relevant blood samples and tissues to facilitate further medical tests, ensuring that the necessary forensic evidence is available for the ongoing legal proceedings.
The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.
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A quick legal roundup to cover important stories from all High Courts this week.
Section 3(2B) of the MTP Act ensures that gestational age does not hinder necessary medical intervention in cases of substantial fetal abnormalities.
“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 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.”
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.
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.
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.
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
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
by Sanjay Vashishtha†
Cite as: 2023 SCC OnLine Blog Exp 10
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.'