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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
... – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J. (Oral)
1. Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, who has recently attained legal adulthood, craves for issuance of directions upon the respondents to provide her with adequate medical assistance for the termination of her pregnancy, as the pregnancy is the result of sexual assault.
GROUNDS CANVASSED IN THIS WRIT PETITION FOR SECURING THE RELIEF OF PREGNANCY TERMINATION
2. Compendiously and concisely, the averments set forth in this writ petition are that, consequent upon the petitioner allegedly becoming subjected to sexual assault by one Sahil son of Ishwar Chand, on account whereof, she became pregnant, her father got lodged against him the FIR No.161 dated 17.06.2025, under Sections 3(5), 64(2)(m), 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, and, Section 6 of the Protection of Children from Sexual Offence Act, 2012, at Police Station Civil Lines, Kaithal, investigation whereof is pending. With these averments, a prayer is made that, since the pregnancy is the outcome of a sexual assault, hence the petitioner does not want to continue with her unwanted pregnancy, as it would cause grave i
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.
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
The court permitted the termination of a minor's pregnancy beyond the statutory limit due to mental trauma and lack of fetal abnormalities, emphasizing judicial discretion in sensitive cases.
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.
Rape - Termination of pregnancy - Right of privacy of petitioner, medical reports, and bearing in mind best interest principle, petition deserves to be allowed as prayed for only with a view to save ....
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