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2024 Supreme(Del) 103

SUBRAMONIUM PRASAD
R – Appellant
Versus
Union of India Through Secretary Ministry of Health And Family Welfare – Respondent


Advocates appeared:
Dr. Amit Mishra, Advocate, for the Petitioner.
Ms. Aishwarya Bhati, ASG with Mr. Bhagvan Swarup Shukla, CGSC alongwith Mr. Sarvan Kumar, GP, Ms. B.L.N. Shivani and Ms. Ameyavikrama Thanvi, Advocates for UoI.
Ms. Mehak Nakra, ASC for GNCTD with Ms. Disha Chaudhry and Mr. Abhishek Khari, Advocates for R-2.
Dr. Harsh Pathak and Mr. Mohit Choubey, Advocates for R-3.
Dr. Amitesh Khare, AIIMS.

JUDGMENT

CM Appls. 1262/2024, 2627/2024 & 3561/2024

1. The Petitioner had approached this Court by filing the present writ petition i.e., W.P.(C) 16751/2023 for a direction to the Respondents to permit medical termination of her ongoing pregnancy under Section 3(2)(b)(i) read with 3 (3) and Section 5 of the MTP Act read with Rule 3B of the MTP Rules, 2003 in AIIMS Hospital, New Delhi immediately without disclosing her identity.

2. The Petitioner herein got married on 26.02.2023. However, unfortunately her husband passed away on 19.10.2023 due to some medical complications. The Petitioner came back her parents house. The Petitioner, thereafter, went for an ultrasound and found that she was pregnant for 20 weeks. Roughly two months, thereafter, in the month of December, the Petitioner decided not to continue with her ongoing pregnancy as the same will cause grave injury to her physical and mental health and due to material changes and circumstances in her marital life. Since the doctors of the AIIMS, New Delhi refused to terminate the pregnancy due to limitations under the MTP Rules, the Petitioner had approached this Court by filing the present writ petition.

3. Notice was issued in the

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