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2016 Supreme(P&H) 1053

PARAMJEET SINGH DHALIWAL
R (name withheld) – Appellant
Versus
State of Haryana – Respondent


For the Petitioner:Mr. Gopal Sharma, Advocate.
For the Respondent:Mr. Sandeep S. Mann, Sr. DAG, Haryana., Mr. Ramesh Chahal, Advocates.
Ms. Tanu Bedi, Advocate, Amicus Curiae.

JUDGMENT

Mr. Paramjeet Singh Dhaliwal, J.: - In this judgment, a complex set of issues connected with different fields of law arise for consideration. The issue, although, relates to the medical termination of pregnancy of a minor girl beyond the legally permissible gestation period of 20 weeks but other issues such as right to life, health and abortion (which includes victim-mother and the foetus), human rights and issues of social and religious concerns are involved. The main focus will be on the issue of late termination of pregnancy resulting from the alleged rape and a brief reference to other ancillary issues which are intricately connected with this complex issue will also be made.

2. In this judgment, full name of petitioner No.1 has been withheld and she has been referred to as ‘R’.

3. Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.7 to terminate the pregnancy of the child in the womb of petitioner No.1, a minor girl, who is an alleged victim of rape, as t
























































































































































































































































































































































































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