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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Nupur Bhati
X – Appellant
Versus
State of Rajasthan through Principal Secretary, Medical and Health – 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 petitioner no.3(a minor) seeking following relief(s):
“It is, therefore, prayed that by an appropriate writ, order or direction:
1. The respondents may be directed 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 petitioner No.3.
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. In alternate, if the Medical Board is of the opinion that termination of pregnancy of the minor victim cannot be undertaken without risk to her life, the respondents may be directed to provide the petitioner all necessary car
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.
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....
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 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.
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.
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
The right to terminate pregnancy beyond 20 weeks in cases of foetal abnormalities incompatible with life, as interpreted under Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1....
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