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SABYASACHI BHATTACHARYYA
X – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. background of the minor victim's assault (Para 1 , 2 , 3 , 4) |
| 2. petitioner's reliance on statutory provisions for abortion (Para 5 , 6 , 7 , 9) |
| 3. judicial reference to precedents on abortion rights for sexual assault survivors (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. termination deemed necessary to prevent trauma and health risks (Para 24 , 25) |
| 5. court's directive for medical termination and care post-procedure (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioner is a 13-year old girl, represented by the Officer-in-Charge/Person-in-Charge, Snehachhaya Child Care Institution. The petitioner is a minor girl and a student of Class-VI, aged about 13 years. She is a survivor of aggravated penetrative sexual assault and sexual exploitation, allegedly by a person around 34 years old.
2. The petitioner’s parents are migrant labourers who used to stay at Assam for earning livelihood and visit their native place once or twice a year. The petitioner, thus, had to stay alone at home with her younger sister. Needless to say, the petitioner comes from an extremely marginalized section of society,
The outer limit of 24 weeks for medical termination of pregnancy under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, can be relaxed in exceptional cases, particularly when the pr....
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
The court ruled that a minor victim of rape may have her pregnancy terminated under the Medical Termination of Pregnancy Act, 1971, if it poses a grave risk to her mental health.
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