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NAMIT KUMAR
... – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
Prayer in the present writ petition is for seeking termination of pregnancy of minor victim who has become pregnant on account of offence of rape committed upon her by her neighbour and a case bearing FIR No.59 dated 16.03.2024, under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, and under Section 376 of the Indian Penal Code, 1860, has been registered at Police Station Sahnewal, District Police Commissionerate, Ludhiana.
2. Learned counsel appearing for the petitioner contends that the date of birth of the minor petitioner (victim) is 01.01.2011 and she is aged about 13 years and is a student of 6th class and is continuing her studies in Government High School, Lohara, District Ludhiana. The petitioner had a friend, aged about 16 years, in her neighbourhood, and she occasionally went to her friend's home. Few months ago, when the petitioner went to her friend's home, her friend's brother offered a glass of juice to her and after consuming the same, she became unconscious and thereafter, two brothers of her friend namely Mahinder Singh and Shiv Kumar, committed rape upon her and made obscene videos. When the petit
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.
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 interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking terminati....
The court prioritized the welfare of a minor rape victim in granting permission for pregnancy termination, emphasizing health risks and legal considerations.
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
The court established that minors can terminate pregnancies resulting from sexual abuse with guardian consent, prioritizing mental health considerations.
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....
The mental health of a minor rape victim is a critical factor in decisions regarding pregnancy termination, necessitating judicial consideration.
The court affirmed that medical termination of pregnancy beyond 24 weeks is not permissible unless specific medical criteria are met, emphasizing the need to balance the reproductive rights of the gu....
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