Back
VINOD S. BHARDWAJ
.... – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vinod S. Bhardwaj, J.
The instant writ petition has been filed invoking writ jurisdiction of this Court for issuance of a writ in the nature of Certiorari for quashing the impugned Order dated 27.06.2024 (Annexure P-3) passed by respondent No.4-President, Medical Board for Pregnancy Termination, Civil Surgeon, Civil Hospital, Hisar.
2. Learned counsel appearing on behalf of the petitioner contends that the petitioner is major and residing at Arya Nagar, Hansi with her family and he submits that the family of accused namely Amarjit son of Laxaman Lal was also residing in the same house. The accused-Amarjit forcibly raped the petitioner against her wishes due to which she was continuously under mental trauma and ultimately on 21.06.2024, she explained the incident to her family members upon which the FIR No. 52 dated 21.06.2024 under Section 376 (2)(n), 452, 506 of the IPC and under section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) was registered at Women Police Station Hansi. The petitioner was, however, pregnant due to the offence committed on her and by the time she realized, pregnancy was beyond 24 weeks and a
The court emphasized the balance between a woman's autonomy in reproductive choices and the medical risks associated with advanced pregnancy, directing a re-examination by a different Medical Board.
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.
Termination of pregnancy beyond 24 weeks is permitted only for substantial foetal abnormalities or immediate health risks; in absence, proper medical care must be ensured.
Termination of pregnancy beyond 24 weeks requires substantial fetal abnormalities; absence of such conditions leads to non-approval under the Medical Termination of Pregnancy Act.
The judgment underlines the importance of reproductive autonomy and medical advice in cases of severe foetal abnormalities, allowing termination beyond statutory limits if justified.
The court upheld the right to terminate a pregnancy beyond 20 weeks due to substantial foetal abnormalities, emphasizing the importance of reproductive choices and health considerations.
The main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
The right to terminate pregnancy beyond 20 weeks in cases of foetal abnormalities incompatible with life, as interpreted under Sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1....
The court establishes that termination of pregnancy beyond 24 weeks is permissible when substantial foetal abnormalities are present, aligning with recent amendments to the MTP Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
