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RAKESH MOHAN PANDEY
Xyz Nil – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
(Rakesh Mohan Pandey, J.)
By way of this petition, the petitioner has sought the following relief(s):-
10.2. Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted."
2. The present writ petition has been filed by the petitioner (ABC, minor girl) through her natural guardian XYZ, seeking permission for the termination of pregnancy of the petitioner (ABC Minor).
3. The brief facts of the present case are that the complainant/mother of the victim lodged an FIR on 26.03.2024 against the minor accused, who committed sexual assault on the person of the victim on false pretext of marriage. The petitioner conceived and at present, she is carrying pregnancy of 21-22 weeks. On such complaint, the police registered the FIR for commission of offence punishable under Section 376(2)(n) of IPC.
4. The petitioner approached the police authorities, who, in turn, advised her to approach this Court seeking permission for termi
The court affirmed that a minor's right to terminate a pregnancy resulting from sexual assault is protected under personal liberty, emphasizing the need for medical supervision and parental consent.
The court affirmed the victim's right to terminate her pregnancy exceeding 24 weeks, emphasizing mental health considerations as paramount, grounded in the Medical Termination of Pregnancy Act's prov....
Termination of pregnancy for minors must adhere to statutory requirements while considering mental health aspects.
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 affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
Termination of unwanted pregnancy - Petitioner being a minor, 'substituted judgment' test would apply - Petitioner who is only sixteen years of age, does not want to continue with her pregnancy.
The court affirmed that medical termination of pregnancy beyond 24 weeks is not permissible unless specific medical criteria are met, emphasizing the need to balance the reproductive rights of the gu....
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