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G. S. PATEL, S. G. DIGE
ABC – Appellant
Versus
State of Maharashtra, Through Principal Secretary Public Health Department, Mantralaya, Mumbai – 400023 – Respondent
JUDGMENT :
[G.S. Patel, J.]
1. The name, age and address of the Petitioner are withheld to protect her privacy. Rule, returnable forthwith.
2. The Petitioner first came to this Court in mid-January 2023. By then, she was in roughly her 32nd week of pregnancy. The Petitioner said that a routine medical check up showed serious foetal anomalies and abnormalities. On 13th January 2023 we passed the following order:
The court upheld that a pregnant woman's right to terminate a pregnancy beyond the statutory limit can be granted due to severe foetal health abnormalities affecting her mental health, interpreting t....
The right to terminate a pregnancy beyond specified limits is upheld when substantial fetal abnormalities are confirmed.
The court affirmed the right to terminate pregnancy in cases of substantial foetal abnormalities, emphasizing the necessity of medical opinion in protecting the mother's health and reproductive choic....
The court emphasized the balance between a woman's autonomy in reproductive choices and the medical risks associated with advanced pregnancy, directing a re-examination by a different Medical Board.
The right to terminate a pregnancy with substantial abnormalities is upheld under the Medical Termination of Pregnancy Act, emphasizing women's rights and health considerations.
The judgment underlines the importance of reproductive autonomy and medical advice in cases of severe foetal abnormalities, allowing termination beyond statutory limits if justified.
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