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2020 Supreme(Ori) 215

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


Advocates Appeared:
For the Petitioner: M/s. S.Ch. Puspalaka, A.K. Tarai, T. Priyadarshini, T. Barik
For the Opposite Party : Sri B.R. Behera, Additional Standing Counsel

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 :

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”).

3. With the above background of the case Sri S.C. Puspalaka, learned counsel for the petitioner taking this Court to the provisions at Sections 3 , 4 & 5 of the Act, 1971, Rule 5 of the Rules, 2003 and the provisions at the Regulation, 2003 and further taking this Court to the citat

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