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ASHOK KUMAR GAUR
A – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This case has been filed by the petitioner-victim for seeking a direction to grant her permission to abort foetus of around 19 weeks 1 day at the time of filing of the writ petition.
2. This Court vide order dated 15.07.2021 had directed the Chief Medical & Health Officer, Karauli to constitute a team of three Doctors to conduct medical examination of the victim and submit his report to this Court through learned counsel for the respondents-Mr. Bharat Saini, Addl. G.C.
3. Mr. Bharat Saini, Addl. G.C. has filed reply to the writ petition and also annexed the report of Medical Board constituting of three members-Doctors.
4. This Court on perusal of the report of Medical Board dated 17.07.2021 finds that the abortion of the victim is not possible because age of the foetus is approximately 26 weeks and abortion/termination of pregnancy is risky for victim's life.
5. Learned counsel for the petitioner submitted that the petitioner being victim of rape needs direction from this Court for termination of pregnancy and this Court in catena of cases has given such direction.
6. Learned Additional Government Counsel Mr. Bharat Saini appearing on behalf of the respondents, submits that the
The court established that medical opinion is crucial in abortion cases, especially when the health of the victim is at risk.
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 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 a minor's right to terminate a pregnancy resulting from sexual assault is protected under personal liberty, emphasizing the need for medical supervision and parental consent.
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.
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
The court established that minors can terminate pregnancies resulting from sexual abuse with guardian consent, prioritizing mental health considerations.
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.
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