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V. G. ARUN
Xxx – Appellant
Versus
Union Of India, Represented By Secretary, Ministry Of Women And Child Development – Respondent
JUDGMENT :
(V.G. Arun, J.)
The petitioner's daughter aged 17 years, is pregnant by 26 weeks and 6 days. The survivor and family were unaware about the pregnancy till the girl was examined by a Gynaecologist. By that time, the foetus had crossed the gestational age of 24 weeks and 6 days, thereby making it impossible to medically terminate the pregnancy without an order in that regard from the competent court. Hence, this writ petition.
2. When the writ petition came up for admission on 30.10.2024, the Superintendent of the SAT Hospital & Child Development Centre, Medical College, Thiruvananthapuram was directed to constitute a Medical Board to examine the girl. The report of examination is now before this Court.
3. Heard, Adv. Jinesh Kumar. K, for the petitioner, and, Senior Government Pleader, Adv.Deepa Narayanan, for the respondents.
4. Learned counsel for the petitioner submitted that, pregnancy of the petitioner's daughter is the result of rape committed on her by her friend of the same age. A crime has been registered against the perpetrator for various offences under the Indian Penal Code and the Protection Of Children from Sexual Offences (Amendment) Act, 2012. The girl is men
The court upheld the restrictions of the Medical Termination of Pregnancy Act, 1971, emphasizing that termination beyond 24 weeks is impermissible without substantial foetal anomalies.
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
Termination of pregnancy beyond 24 weeks is permissible under specific conditions for minors when facing severe health risks, as affirmed by medical evaluation and consent of guardians.
The court affirmed the victim's right to terminate her pregnancy exceeding 24 weeks, emphasizing mental health considerations as paramount, grounded in the Medical Termination of Pregnancy Act's prov....
The court ruled that a minor victim of rape may have her pregnancy terminated under the Medical Termination of Pregnancy Act, 1971, if it poses a grave risk to her mental health.
The main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
The court affirmed that medical termination of pregnancy beyond 24 weeks is not permissible unless specific medical criteria are met, emphasizing the need to balance the reproductive rights of the gu....
Termination of pregnancy beyond 24 weeks requires substantial fetal abnormalities; absence of such conditions leads to non-approval under the Medical Termination of Pregnancy Act.
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