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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA PRAKASH SHRIMALI
Teeja Devi W/o Shri Hariram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking direction to terminate the pregnancy of her minor daughter viz. Mst. "S" (Aged 17 years 5 months-minor), victim of rape, under Sections 3 and 5 of Medical Termination of Pregnancy Act, 1971 (hereinafter to be referred as ‘the MTP Act’).
2. Bereft of elaborate details, the brief facts necessary for disposal of the instant writ petition are as under :-
2.1. The petitioner/mother lodged a complaint stating that her minor daughter Mst. "S'' left the house on 12.01.2025 without informing anyone with one Dinesh Kumar. Thereafter, the police lodged a complaint under Section 137 (2) of the BNS and after investigation the police secured both of them from Jodhpur.
2.2. Accused Dinesh Kumar was arrested and produced before the court. The petitioner's minor daughter was sent for medical examination and her UPT test report came positive. The petitioner alleged that her minor daughter was made pregnant on account of rape committed by accused Dinesh Kumar and therefore, it is requested to refer the petitioner's daughter to the government hospital (Respondent no. 3) in order to
A minor's consent is paramount in the decision to terminate a pregnancy, emphasizing reproductive rights and autonomy under Article 21.
The consent of a minor's guardian is required for pregnancy termination under the MTP Act, but the minor's autonomy and decision regarding her reproductive choices must be prioritized by the court.
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 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.
Termination of pregnancy for minors must adhere to statutory requirements while considering mental health aspects.
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
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.
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