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ANOOP KUMAR DHAND
Victim – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Anoop Kumar Dhand, J.
The petitioner is a minor victim of rape who was subjected to sexual assault due to which she became pregnant. The First Information Report bearing No. 151/2-24 has been registered against the accused with Police Station Anantpura, Kota for the offence punishable under Sections 363, 376 of IPC and Sections 5(I)/6 of the POCSO Act, 2012.
2. The instant writ petition has been filed by the petitioner seeking permission from this Court for termination of her pregnancy, which is alleged to be of 25 weeks and 3 days.
3. To ascertain the aforesaid aspect of the matter, this Court on 25.4.2024 after hearing the Counsel for the parties and looking to the urgency in the matter, passed an order for constitution of a Medical Board for examination of the health condition of the petitioner with regard to her pregnancy.
4. In compliance of the aforesaid order, the victim was produced by the SHO, Police Station Anantpura, Kota before the Superintendent, J.K. Lon Hospital, Kota who constituted a Medical Board for examination of health condition of the victim with regard to her pregnancy.
5. Thereafter, the Medical Board gave its opinion indicating therein that the petitio
The court prioritized the welfare of a minor rape victim in granting permission for pregnancy termination, emphasizing health risks and legal considerations.
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.
The mental health of a minor rape victim is a critical factor in decisions regarding pregnancy termination, necessitating judicial consideration.
The central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking terminati....
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 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....
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.
(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.
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
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