P. SAM KOSHY
Xyz Nil – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks medical termination of pregnancy. (Para 1 , 2) |
| 2. grounds for termination must meet legal criteria. (Para 3 , 4 , 5 , 6 , 7) |
| 3. writ petition dismissed. (Para 8) |
ORDER :
(P. Sam Koshy, J.)
The present Writ Petition has been filed seeking for a direction and permission to the petitioner for grant of medical termination of pregnancy.
2. On a query being put to the counsel for petitioner, he accepts the fact that the petitioner herein is a married lady aged about 29 years of age. Further from the pleadings of the writ petition, it is also revealed that the petitioner has got conceived from the respondent No. 5. In paragraph 8.2 of the present Writ Petition itself, the petitioner has accepted the fact that the petitioner has got conceived after her marriage with the respondent No. 5. The petitioner has also provided a date 28.11.2022, to be the date of her marriage with the respondent No. 5. The marriage certificate also is enclosed along with writ petition as (Annexure P/3).
3. Thus, from the afore given facts and circumstances of the case, it is apparently clear that the petitioner did not get conceived because of any sex crime committed upon her without
A married woman cannot seek medical termination of pregnancy without valid grounds as specified in the relevant statute.
No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a [mentally ill person], shall be terminated except with the consent in....
Termination of pregnancy for minors must adhere to statutory requirements while considering mental health aspects.
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 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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.