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VINOD S. BHARDWAJ
X – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. (Oral) - The instant writ petition has been filed invoking writ jurisdiction of this Court for issuance of a writ in the nature of Mandamus directing the respondents to terminate the pregnancy of victim 'X' daughter of the petitioner in view of the provision of the Medical Termination of Pregnancy Act, 1971.
2. Learned counsel appearing on behalf of the petitioner contends that the minor victim 'X' has filed the instant petition through her natural guardian-her father. She contends that the petitioner was subjected to rape as a result whereof she got pregnant. An FIR No. 440 dated 21.10.2022 under Sections 363, 366-A, 376, 450 and 34 of the IPC and Section 4 and 17 of the Protection of Children from Sexual Offences, Act, 2012 has been registered at Police Station Punhana, District Nuh. She submits that the petitioner is a minor and continuation of the pregnancy will cause a great physical and psychological trauma to the minor and further contends that she being dependent for her own self is not in a situation to take care of the child in case she is
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 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 central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking terminati....
The court allowed the termination of a minor's pregnancy resulting from rape, prioritizing her mental health and well-being over the continuation of the pregnancy.
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
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....
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 reiterated that the rights of minor victims of sexual assault must be balanced with welfare considerations in matters of pregnancy termination under the Medical Termination of Pregnancy Act....
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