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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE NUPUR BHATI, J
XX – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Medical And Health Secretariat – Respondent
ORDER :
Nupur Bhati, J.
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioners seeking medical termination of pregnancy of their minor daughter seeking following relief(s):-
“It is, therefore, prayed that by this Hon’ble Court may kindly be pleased to:
1. Issue appropriate writ, order or direction to the respondent No.5 to constitute a Medical Board constituting a Gynecologist; a Pediatrician; a Radiologist or Sonologist; a Psychiatrist; and any other expert that may be deemed necessary for conducting medical examination of the petitioners’ daughter.
2. The respondents may be further directed that in case the Medical Board is of the opinion that termination of pregnancy of the minor victim can be undertaken without risk to her life, the respondents shall ensure that termination of pregnancy of the minor victim is undertaken by competent doctors in accordance with the provisions of the Medical Termination of Pregnancy Act and rules framed thereunder.
3. The respondents may be directed to maintain the privacy of the petitioners’ daughter at all stages and her identity should not be disclosed in the course of hosptialization, treatment
Termination of pregnancy beyond 24 weeks requires substantial foetal abnormalities or immediate health risks, as per the Medical Termination of Pregnancy Act.
Medical terminations beyond 24 weeks are permissible only under specific conditions, which were unmet in this case, as per the Medical Board's assessment and statutory provisions.
Termination of pregnancy beyond 24 weeks is permitted only for substantial foetal abnormalities or immediate health risks; in absence, proper medical care must be ensured.
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.
Termination of 28-week high-risk pregnancy of minor victim permitted beyond statutory limit, safeguarding physical/mental health and right to dignity under Article 21 based on Medical Board opinion.
The central legal point established in the judgment is the application of the Medical Termination of Pregnancy Act, 1971, and the consideration of the physical and mental health risks to the pregnant....
The court's decision was based on the interpretation of Section 3 of the Medical Termination of Pregnancy Act, 2021 and the Rules, and the Medical Board's opinion on the advisability of termination b....
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 central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, particularly in cases involving minors and pregnancies resulting....
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