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2019 Supreme(Del) 1548

RAJENDRA MENON, C.HARI SHANKAR
Priyanka Shukla – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Sneha Mukherjee, Advocate.
For the Respondents:Vikas Mahajan, CGSC, Aakash Varma, V.S. Prajesh, V.S.R. Krishna, Dr. K. Aparna Sharma, Obstetrician-Gynaecologist, Dr. Jawahar Raja, ASC, Kritika Padode, Bhandari, Advocates.

JUDGMENT :

1. This Writ Petition has been preferred with the following prayers:

“a. For a writ of mandamus or any other writ, order, directing the Respondents to allow the Petitioner to undergo Medical Termination of the Pregnancy.

b. For a writ of declaration or any other appropriate writ, order or direction quashing section 3(2)(b) of The Medical Termination of Pregnancy Act, 971 to the limited extent that it stipulates a ceiling of 20 weeks for an abortion to be done under section 3, as ultra vires Article 14 and 21 of the Constitution of India;

c. For a writ of declaration or any other appropriate writ, order or direction quashing section 5(1) of the Act to the limited extent that it restricts abortions under section 5 to a restricted field where it is immediately necessary to save the life of the pregnant woman;

d. For a declaration to the effect that the expression "save the life of the pregnant woman" in Section 5 of the MTP Act includes "the protection of the mental and physical health of the pregnant woman" and also incorporates situations where serious abnormalities in the fetus are detected after the 20th week of pregnancy.

e. For a declaration that the rational ceiling for ab

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