pregnancy Archives

Can maternity leave benefits extend beyond the period when contractual period of an ad hoc employee comes to an end? Del HC analyses

Delhi High Court: In a claim of maternity benefit by a contractual employee, the Division Bench of Rajiv Shakdher and Talwant Singh,

Case Briefs High Courts

14-yr old girl subjected to penetrative sexual assault by man who called her grand daughter: Is girl’s complaint vital to form basis of conviction? Cal HC explains

Calcutta High Court: The Division Bench of Joymalya Bagchi and Bivas Pattanayak, JJ., in a penetrative sexual assault case of a 14-year-old

Case Briefs High Courts

Utt HC | Compelling to continue pregnancy, infringement under Art. 21; Rape victim allowed to terminate Intrauterine Fetus of 28 weeks 5 days

Uttaranchal High Court: Alok Kumar Verma, J., decided on a petition which was filed by the father of the minor petitioner to

Case Briefs High Courts

Kar HC | “Complainant being 27 years knew the consequences of having intercourse with the appellant”; Bail granted

Karnataka High Court: Sreenivas Harish Kumar J. allowed the appeal for bail and set aside the order passed by the LXX Additional

Case Briefs High Courts

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)

Case Briefs High Courts

[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.

Legislation Updates Rules & Regulations

Government notifies Medical Termination of Pregnancy (Amendment) Rules, 2021

The Central Government notified Medical Termination of Pregnancy (Amendment) Rules, 2021 to amend the Medical Termination of Pregnancy Rules, 2003.Key amendments in

Case Briefs High Courts

Ker HC | On what grounds can pregnancy of a mentally unsound woman be terminated? Is consent of women indispensable? HC answers

Kerala High Court: P.B.Suresh Kumar, J., invoked the doctrine of parens patriae to permit termination of eight weeks pregnancy of a medically

Case Briefs Foreign Courts

[Clinical Negligence] | What is the scope of medical practitioner’s duty of care? Is he liable for “coincidental injury” not within scope of his duty?

UPDATE: Appeal preferred by the respondent against this decision before the UKSC has been unanimously dismissed.[Khan v. X, [2021] UKSC 21, decided

Op Eds OP. ED.

Women and the Law: An Analysis on the medical termination of pregnancy law in India vis-à-vis the Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy (Amendment) Bill, 2020

by Prachi Dutta*

Case Briefs High Courts

Ker HC | Minor rape survivor allowed to undergo medical termination of pregnancy even after 25 weeks and 3 days gestational age considering the risk of severe psychiatric trauma

Kerala High Court: P.V. Asha, J., allowed termination of pregnancy even after 25 weeks 3 days gestational age considering the tender age

Case Briefs High Courts

Ori HC | Permission rejected to terminate unwanted pregnancy of unmarried ‘major’, physically handicapped and mentally retarded rape victim; Comprehensive Directions issued

Orissa High Court: Biswanath Rath J., allowed the petition in part and laid down comprehensive guidelines for the state to follow in

Case Briefs High Courts

P&H HC | Gynaecologists cannot be attributed with medical negligence if a woman conceives after undergoing tubectomy during childbirth via caesarean section

Sucheta Sarkar, Editorial Assistant has put this story together

Case Briefs High Courts

Bom HC | Not turning up on duty establishes prima facie case against a medical officer for death of patient; quashing of case registered under S. 304-A denied

Bombay High Court: A Bench of T.V. Nalwade and Mangesh S Patil, JJ., refused to quash a criminal case registered against a Medical

Case Briefs High Courts

Grave risk of life found in terminating pregnancy of a minor with 28 weeks pregnancy

Punjab and Haryana High Court: A Single Judge Bench comprising of Rakesh Kumar Jain, J., refused to grant permission to terminate pregnancy

Case Briefs High Courts

Petition for termination of 28 weeks old pregnancy of a minor girl rejected: Punjab and Haryana High Court

Punjab and Haryana High Court: A Single Judge Bench comprising of Rakesh Kumar Jain, J., refused to grant permission to terminate pregnancy