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RAJ MOHAN SINGH
Ms. K (minor) Through Her Natural Guardian – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Raj Mohan Singh, J.(Oral) - Petitioner has preferred this writ petition for the issuance of an appropriate writ, order or direction in the nature of mandamus, directing respondent No.2 (PGIMER), Chandigarh to medically examined the petitioner (minor victim of rape) through its Permanent Medical Board and after assessment, terminate her pregnancy, which is about 27 weeks and 6 days.
2. On 09.08.2022, following order was passed:-
'Petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus directing respondent No.2 - Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh to medically examine the petitioner (minor victim of rape), through its permanent medical board as there is an imminent danger to her life attributable to her forced pregnancy.
As of now, the petitioner is having more than 27 weeks of pregnancy. The victim has become pregnant owing to misdeeds of her neighbour. FIR has already been registered against the accused.
Learned counsel for the petitioner submits that the minor victim has become pregnant and it will be humiliating and dangerous to her life to give birth to a child keeping in view h
The central legal point established in the judgment is the consideration of the Medical Termination of Pregnancy Act, the right to live with dignity, and the need for medical and psychiatric support ....
The court's decision emphasized the importance of considering the mental and physical well-being of the victim in allowing the termination of pregnancy beyond the statutory limit.
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 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 judgment establishes the right of a rape victim to terminate pregnancy based on the risk to her life and mental health, as provided in the Medical Termination of Pregnancy Act, 1971.
Termination of 28-week high-risk pregnancy of minor victim permitted beyond statutory limit, safeguarding physical/mental health and right to dignity under Article 21 based on Medical Board opinion.
The court's decision was based on the interpretation of the Medical Termination of Pregnancy Act, 1971, and the legal presumption regarding pregnancy resulting from rape, as well as the best interest....
The court's decision was based on the interpretation of the Medical Termination of Pregnancy Act, specifically Section 3(2)(b), which allows termination of pregnancy if it poses a risk to the woman's....
Point of law : Victim of Rape – Termination of pregnancy - since each day's delay would be crucial for the victim and the family, Court direct the Superintendent of Medical College to terminate the p....
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