SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Ker) 405

KAUSER EDAPPAGATH
X – Appellant
Versus
Union Of India, Represented By Secretary, Ministry Of Women And Child Development, Sasthri Bhavan, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shameena Salahudheen
For the Respondent: Smt. Deepa Narayanan, Sr. Gp., Sr. Panel Counsel, Sri. T.C Krishna

 

A 16-year-old rape victim who does not want to give birth to the child of a man who sexually assaulted her has approached this court through her mother seeking permission for medical termination of her pregnancy.

2. It is alleged that the victim while studying in the XIth standard was sexually abused by her 19-year-old lover and became pregnant. A crime was registered as Crime No.210/2024 of Edakkad Police Station, Kannur City based on the intimation from the Doctor at Pariyaram Medical College under Section 376 IPC and Sections 4(1), 3(a), 3(b), 6(1), 5(j)(ii) of the POCSO Act, 2019 and Sections 3(1)(w)(i) and 3(2) (v) of the SC/ST(PoA) Act.

3. The victim is now in her 28th week of pregnancy. Permission to terminate the pregnancy has been sought on the ground that the continuation of the same would adversely affect the mental and physical well-being of the victim as well as the child.

4. I have heard Smt.Shameena Salahudeen, the learned counsel for the petitioner, Sri.T.C.Krishna, the learned senior panel counsel appearing for the 1st respondent and Smt.Deepa Narayanan, the learned Senior Government Pleader appearing for respondents 2 to 5.

5. Until 1960's, abortion was illegal in In

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    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

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top