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X – Appellant
Versus
Union Of India, Represented By Secretary, Ministry Of Women And Child Development, Sasthri Bhavan, New Delhi – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
This appeal under Section 5 of the Kerala High Court Act, 1958 is filed by the Original Petitioner, challenging the judgment and order issued by the learned Single Judge in W.P.(C) No. 37000 of 2024, dated 30 October 2024. By the impugned judgment, the learned Single Judge rejected the Petitioner’s request, the mother of the minor survivor girl, to medically terminate her pregnancy.
2. The petitioner is the mother of a 16-year-old school-going girl. She has been subjected to repeated sexual assault. A crime has been registered at the police station under Sections 354, 354A(2), 354B, 376, 376(2) (n), 376(3), and 506 of the Indian Penal Code, 1860, as well as Sections 4(1), (2) read with Sections 3(a), 6 read with 5(j)(ii), (1), 8 read with 7, and 12 read with 11(iv) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Neither the minor nor her mother was aware of the pregnancy until a Gynaecologist confirmed it. By that time, the foetus had reached a gestational age of 25 weeks and 6 days, and it was not possible to medically terminate the pregnancy without intervention of the Court.
3. The Petitioner stated that the minor is currently
The mental health of a minor rape victim is a critical factor in decisions regarding pregnancy termination, necessitating judicial consideration.
The Court reiterated that the rights of minor victims of sexual assault must be balanced with welfare considerations in matters of pregnancy termination under the Medical Termination of Pregnancy Act....
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
The court allowed the termination of a minor's pregnancy resulting from rape, prioritizing her mental health and well-being over the continuation of the pregnancy.
(1) Certain degree of risk is involved in every procedure for medical termination.(2) In view of urgency of situation, Supreme Court can exercise its powers under Article 142 of Constitution.
Point of law : Victim of Rape – Termination of pregnancy - since each day's delay would be crucial for the victim and the family, Court direct the Superintendent of Medical College to terminate the p....
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 right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
The court prioritized the welfare of a minor rape victim in granting permission for pregnancy termination, emphasizing health risks and legal considerations.
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