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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Jegatha D – Appellant
Versus
Inspector of Police – Respondent
ORDER :
S. SOUNTHAR, J.
The writ petition is filed seeking issue of Writ of Mandamus directing the second respondent to medically terminate the pregnancy of petitioner's daughter “S” (the name of the girl is not mentioned in order to protect privacy) in accordance with Medical Termination of Pregnancy Act, 1971.
2. It is the case of the petitioner that she is the mother of minor girl “S” aged about 16 years. On 07.01.2025, the petitioner acquired knowledge about the pregnancy of the girl. On enquiry, the petitioner came to know that she had an affair with one Dhilip and as a result of intimacy with him, she got pregnant. It is stated by the petitioner that her daughter is a minor girl and in the interest of the child and also upon her wish, she decided to terminate the pregnancy. It is also stated that a criminal case was registered against the above mentioned person in Crime No.1 of 2025 on the file of the first respondent police under Sections 5 (1), 5(j) (ii) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012. Since the daughter of the petitioner was anemic, blood transfusion was done to her in Primary Health Centre, Wallajah on 16.01.2025. Since the incharg
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.
A minor's consent is paramount in the decision to terminate a pregnancy, emphasizing reproductive rights and autonomy under Article 21.
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 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 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.
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
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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