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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Xx – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Government Secretariat – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to terminate pregnancy (Para 1 , 2) |
| 2. medical board's examination results (Para 3 , 4 , 5) |
| 3. legal framework for pregnancy termination (Para 6) |
| 4. medical board opines against termination (Para 7) |
| 5. court's decision not to terminate pregnancy (Para 8) |
| 6. order for necessary care and compensation (Para 9) |
ORDER :
NUPUR BHATI, J.
1. The petitioner has preferred the present writ petition invoking Article 226 of the Constitution of India claiming following reliefs:-
“(i) The respondents may be directed to terminate the pregnancy of more than 24 weeks of the petitioner and bear all the expenses of such proceeding or;
(ii) in the alternate if this Hon'ble court found just and proper not to terminate the pregnancy of the petitioner then the petitioner express her desire that after the birth of child he/she may be handed over to respondents No. 3 for his/her further care, the State Government shall take all necessary steps in accordance with the applicable provisions of law to facilitate this exercise.”
2. Learned counsel for the petitioner submits that petitioner being a rape victim, does not wish to continue with the pregnancy. Learned counsel for the petition
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.
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 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'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 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....
Termination of pregnancy beyond 24 weeks requires substantial foetal abnormalities or immediate health risks, as per the Medical Termination of Pregnancy Act.
The main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
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