Back
KULDEEP TIWARI
X (75) – Appellant
Versus
Fortis Hospital, Mohali – Respondent
| Table of Content |
|---|
| 1. petitioner's circumstances justify termination request. (Para 1 , 2 , 3 , 4) |
| 2. court's analysis on marital status change impacts termination eligibility. (Para 5 , 12) |
| 3. medical board's findings support termination eligibility. (Para 6 , 7 , 8) |
| 4. legal provisions concerning pregnancy termination reviewed. (Para 9 , 10 , 11) |
| 5. judicial precedents shape interpretations of termination laws. (Para 13 , 14 , 15 , 16 , 17) |
| 6. petitioner qualifies for abortion based on domestic situation. (Para 18 , 19) |
| 7. court grants permission for medical abortion. (Para 20 , 21) |
JUDGMENT :
Kuldeep Tiwari, J.
Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, a tricenarian married woman, craves for issuance of directions upon the official respondents to terminate her pregnancy, without her husband’s consent. The petitioner claims her pregnancy to be medically terminable on account of her pregnancy length not exceeding the period prescribed for termination in The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the ‘Act of 1971’).
GROUNDS CANVASSED IN THE WRIT PETITION FOR SECURING THE RELIEF OF PREGNANCY TERMINATION
2
The interpretation of 'change of marital status' in medical termination of pregnancy law encompasses situations of separation due to domestic abuse, ensuring autonomy and health of women.
A woman may terminate her pregnancy without her husband's consent if domestic circumstances warrant a change in marital status, pursuant to the provisions of the Medical Termination of Pregnancy Act.
(1) A woman can become pregnant by choice irrespective of her marital status – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo....
Statute has recognized reproductive choice of a woman and her bodily integrity and autonomy – There is no basis to deny unmarried women right to medically terminate pregnancy when same choice is avai....
The court affirmed that women's right to bodily autonomy is paramount, allowing for medical termination of pregnancy under the MTP Act when psychological distress is evident, recognizing both de jure....
The court affirmed that a woman's right to terminate her pregnancy, especially in cases of rape, is protected under Article 21 of the Constitution, emphasizing her autonomy and bodily integrity.
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
The central legal point established in the judgment is that the Medical Termination of Pregnancy Act, 1971, allows for the termination of pregnancy under special circumstances, including the risk to ....
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
