A (Mother of X) vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 368

D. Y. CHANDRACHUD, J. B. PARDIWALA
A (Mother of X) – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Shantanu M Adkar, Adv. Mr. Rajiv Shankar Dvivedi, Adv. Ms. Bharti Tyagi, AOR Mr. Ashley Cusher, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, ASG Ms. Shivka Mehra, Adv. Mr. Akshaja Singh, Adv. Mr. Siddharth Dharmadhikari, Adv. Ms. Preet S. Phanse, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Adarsh Dubey, Adv. Ms. Yamini Singh, Adv.

ORDER

1. Leave granted.

2. The High Court of Judicature at Bombay, by its order dated 4 April 2024, declined to allow the plea for medical termination of pregnancy moved by the appellant on behalf of her minor daughter.

3. The minor who is pregnant is alleged to have been subjected to a sexual assault. A First Information Report of offences punishable under Section 376 of the Indian Penal Code 1860 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act 2012 has been registered at Police Station Turbhe, MIDC, Navi Mumbai.

4. The High Court had, while declining the plea for medical termination of pregnancy, relied on a report submitted by the Medical Board constituted at the Department of Obstetrics & Gynaecology of the Grant Government Medical College & Sir J J Group of Hospitals, Mumbai.

5. The Special Leave Petition was mentioned for urgent orders after the Court had risen on the conclusion of normal working hours at 5.15 pm on 19 April 2024. The Bench reassembled immediately thereafter and, while issuing notice, took note of the fact that the report of the Medical Board which was relied upon by the High Court had not dealt with the impact of the pregnancy on t

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2024 Supreme(SC) 368

D. Y. CHANDRACHUD, J. B. PARDIWALAA (Mother of X) – AppellantVersusState of Maharashtra – Respondent

Cases Referred (1)

D. Y. CHANDRACHUD, J. B. PARDIWALA
A (Mother of X) – Appellant
Versus
State of Maharashtra – Respondent