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The Court was not inclined to grant the accused regular bail owing to the seriousness of the allegations but was equally mindful of the humanitarian dimensions of criminal jurisprudence.
It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.
The Court hoped that the Union would look into suitably amending the nomenclature of posts that are open to both males and females to make them gender-neutral.
“If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion.”
“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”
“Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from doctors who examine such victim and explain to them the pros and cons.”
“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”
NUJS Law Review is the leading student-reviewed law journal of this country and is continuously cited by the Supreme Court with its
The Delhi High Court directed the Government to issue a circular to the effect that in case of any minor’s guardian or family approaching any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP.
In the present case, a victim of sexual assault, aged about 13 years, had filed a writ petition forterminating her pregnancy caused due to illegal act perpetuated upon her.
Allahabad High Court: Alok Mathur, J. allowed a writ petition which was filed by the petitioner working as Lecturer (Hindi)
Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,
Bombay High Court: While deciding the instant bail application of a 20-year-old boy charged with abetment of suicide of a
Similar cases are an exception to the precedent laid down in Imran v. State of Delhi, (2011) 10 SCC 192
Delhi High Court: In a case where very serious allegations are made and 16 members from the same family are
“It would be an injustice to separate or to divide a well knitted family unit.”
Delhi High Court: A Division Bench of Sathish Chandra Sharma, CJ and Subramonium Prasad, J refused termination of pregnancy to an unmarried
Bombay High Court: A.S. Chandurkar and Urmila Joshi-Phalke, JJ. allowed a writ petition which was filed by a minor victim of sexual
National Consumer Disputes Redressal Commission (NCDRC): After forceps delivery, a woman lost her control over passing urine and stool due to the
Bombay High Court: While addressing a matter, wherein the accused who was a doctor charged for raping a minor stated that there