Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY
Victim Thro Tona Thakur – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. application filed for medical termination of pregnancy due to sexual assault. (Para 2 , 3) |
| 2. consideration of the victim's young age and mental health in the court's decision. (Para 4 , 10) |
| 3. legal framework and precedent cases cited regarding mtp regulations and conditions. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's ruling prioritizes mental health and the victim's rights in the decision to allow mtp. (Para 11 , 12 , 13 , 15) |
ORDER :
M. R. MENGDEY, J.
1. Rule. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent State.
2. The present application has been preferred by the applicant under Article 226 of the Constitution of India as well as under the provisions of the Medical Termination of the Pregnancy Act, 1971, by the applicant, who is victim of the offence.
3. By filing present application, she has prayed for the following relief, which reads as under:-
“9(A). Your Lordships may be pleased to grant permission to the minor daughter of the applicant – victim of sexual assault, to medically terminate her pregnancy of around 25 weeks, as the continuance of such pregnancy, considering her tender age, physical immaturity and me
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
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 recognized the importance of a minor's mental health in allowing medical termination of pregnancy resulting from rape, reinforcing the rights of victims under the MTP Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
