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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
.... – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. medical board's opinion on pregnancy termination (Para 1 , 2) |
| 2. petitioner's request referencing prior case (Para 3 , 4) |
| 3. termination conditions under mtp act (Para 5 , 6) |
| 4. medical board's final decision on petitioner (Para 7) |
ORDER :
1. Learned counsel for the petitioner submits that in compliance of the order dated 28.08.2025, the Medical Board examined the pregnancy, however, opined that the termination of pregnancy was not medically advised.
2. A copy of the report dated 29.08.2025 as shown by the learned counsel for the petitioner is taken on record.
3. Learned counsel for the petitioner, at this stage, submits that the present writ petition may be disposed of in light of the directions given by a Coordinate Bench of this Court in S.B. Civil Writ Petition No. 295/2025 ( X Vs. The State of Rajasthan and Ors. ) vide order dated 07.01.2025.
4. In case of X Vs. The State of Rajasthan and Ors. (supra), a Co-ordinate Bench of this Court has observed as under :-
"1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner (a minor) through her mother seeking medical termination of pregnancy, seeking following relief(s)
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 requires substantial foetal abnormalities or immediate health risks, as per the Medical Termination of Pregnancy Act.
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 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 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 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 judgment establishes the right of a rape victim to terminate pregnancy based on the risk to her life and mental health, as provided in the Medical Termination of Pregnancy Act, 1971.
The court emphasized the balance between a woman's autonomy in reproductive choices and the medical risks associated with advanced pregnancy, directing a re-examination by a different Medical Board.
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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