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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Runa Majhi – Appellant
Versus
State of Odisha, Represented through the Secretary, Health and Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. termination of pregnancy under mtp act. (Para 1 , 2) |
| 2. arguments for and against termination. (Para 3 , 4 , 5) |
| 3. court's assessment of victim's condition. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. legal precedence on termination rights. (Para 12 , 13 , 14) |
| 5. court’s directives and conclusions. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT :
BISWANATH RATH, J.
1. This Writ Petition involves an application at the instance of a desperate mother seeking permission for terminating the pregnancy of an unmarried, physically handicapped and mentally retarded daughter a rape victim under the provisions of The Medical Termination of Pregnancy Act, 1971 (hereinafter in short be mentioned as “the Act, 1971), The Medical Termination of Pregnancy Rules, 2003, (hereinafter in short be mentioned as “the Rules, 2003”) and The Medical Termination of Pregnancy Regulations, 2003 (hereinafter in short be mentioned as “the Regulations, 2003”).
2. Background involved in this case is that mother of victim claims her major unmarried daughter is not only physically handicapped but also mentally retarded and finding unnatural behavior in her such as untimely vomiting, on close scrutiny and soliciting came to
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