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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Jegatha D – Appellant
Versus
Inspector of Police – Respondent
| Table of Content |
|---|
| 1. request for medical termination of pregnancy. (Para 1 , 2 , 3) |
| 2. best interest of minor in termination cases. (Para 4 , 16) |
| 3. assessment of pregnancy duration and medical feasibility. (Para 6 , 8 , 10) |
| 4. legal representation and urgency related to medical procedure. (Para 7) |
| 5. assessment of minor's autonomy and interest concerning pregnancy. (Para 9) |
| 6. reproductive rights and decision-making regarding termination. (Para 11) |
| 7. definition of 'guardian' under mtp act. (Para 12 , 13 , 14) |
| 8. reproductive autonomy is a fundamental right. (Para 17 , 19) |
| 9. feasibility of medical termination without risk. (Para 20) |
| 10. court's directives for mtp and preservation of fetus. (Para 21 , 22 , 23) |
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.
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.
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