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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK
Suhas Sampat Jadhavar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.M. MODAK, J.
1. The very moot question about “interpretation of the Medical Termination of Pregnancy Act, 1971 (“MTP Act”) and its corelation to the provisions of Indian Penal Code, 1860 (“IPC”) is involved in this Revision Application. Apart from arguments advanced by learned Senior Advocate Shri.Mohite and assisted by Mr.Talkute, the learned APPs in charge of this Revision, Mr.Kamkhedkar and Ms.Phad have argued the matter as well. However, as said above very basic questions are involved, as per order dated 19th March 2025, I have called learned Advocate General to address the Court on certain issues. He did address the Court. Even, I have heard Mr.Talkute.
2. There are 13 abortion cases noticed by the First-Informant Shri.Belpatre attached to Rural Hospital, Sangola, District: Solapur. Present Applicants being Medical Practitioners have aborted/done procedure on 13 pregnant women in their Dhanashree/New Dhanashree Hospital (charge-sheet mentions 12 but in a table prepared by Applicants, the number is 13). According to the First-Informant, there was no justification for performing abortion and the procedure is also not followed. There was a charge-sheet filed for the off
Interpretation of procedural compliance under the MTP Act and IPC for abortion cases, affirming the need for proper legal protocols.
The court ruled that a doctor performing an MTP in good faith to protect a minor's health is not liable for illegal termination or destruction of evidence if no legal mandate exists for preservation.
The main legal point established in the judgment is the need for compliance with the provisions of the Medical Termination of Pregnancy Act and the protection afforded to medical practitioners for ac....
Rape - Termination of pregnancy - Right of privacy of petitioner, medical reports, and bearing in mind best interest principle, petition deserves to be allowed as prayed for only with a view to save ....
The central legal point established in the judgment is that the Medical Termination of Pregnancy Act, 1971, allows for the termination of pregnancy under special circumstances, including the risk to ....
(1) A woman can become pregnant by choice irrespective of her marital status – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo....
The court ruled that evidence did not establish medical negligence by the appellant, who acted in good faith under the MTP Act, leading to acquittal under Section 312 of IPC while being previously ac....
The judgment underscores the statutory provisions and judicial interpretations governing the termination of pregnancy under the MTP Act, emphasizing the balance between the rights of the woman and th....
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