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2020 Supreme(Ker) 322

S.MANIKUMAR, SHAJI P.CHALY
Cry For Life Society – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Sri. Anil S. Raj, Smt. Anila Peter, Smt. C. Prabitha, Smt. K.N. Rajani, Sri. J. Vivek George
For the Respondent: Assistant Solicitor General, Sri. P. Vijayakumar, Sri. Jaishankar V. Nair, CGC, Smt. S. Karthika, Smt. K. Moya Kuriako

JUDGMENT :

S. Manikumar, J.

Instant public interest writ petition is filed for the following relief’s:

    (i) Writ, order or direction in the nature of Mandamus or such other appropriate Writ, order or direction, declaring that Section 3(2)(ii) and Explanations I and II thereof, of the Medical Termination of Pregnancy Act, 1971 is unconstitutional for violating Article 21 of the Constitution of India.

(ii) Writ, order or direction in the nature of Mandamus or such other appropriate Writ, order or direction, declaring that “grave injury” in Section 3(2)(1) of the Medical Termination of Pregnancy Act, 1971 does not mean or include any anguish occasioned due to unwanted pregnancy caused by failure of any device or method used by any man or woman for the purpose of limiting number of children.

(iii) Writ, order or direction in the nature of Mandamus or such other appropriate Writ, order or direction declaring that medical termination of pregnancy other than in the circumstances wherein the life of the pregnant women is in grave and imminent danger is unconstitutional for violating Article 21 of the Constitution of India.

2. Shorts facts leading to the filing of the writ petition are as under: P

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