MANOJ KUMAR GUPTA, CHANDRA KUMAR RAI
AB(2022) – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Mahendra Pratap, learned counsel for the petitioner, Mrs. Subhash Rathi, learned Additional Chief Standing Counsel and perused the record.
2. The instant petition has been filed by a minor through her father and natural guardian praying for a mandamus directing the State respondents to permit the petitioner to terminate her pregnancy.
3. The facts of the case are extracted in our previous order dated 03.06.2022 and the same is reproduced below:-
The instant petition has been filed by a minor through her father and natural guardian praying for a mandamus directing the respondents to permit her to terminate her pregnancy.
As per High School Examination Marks Sheet-cum-Certificate dated 27.06.2020, the date of birth of the petitioner is 3.1.2005. She is therefore still a minor having not attained majority under the provisions of Indian Majority Act, 1875 whereunder the age is 18 years. The petitioner is alleged to be a rape victim. A first information report was lodged by her father on 10.4.2022 in rela
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....
Termination of unwanted pregnancy - Petitioner being a minor, 'substituted judgment' test would apply - Petitioner who is only sixteen years of age, does not want to continue with her pregnancy.
Pregnancy shall be terminated by a registered medical practitioner at a hospital established or maintained by Government or a place for the time being approved for the purpose of this Act by Governme....
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 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 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....
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
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 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 judgment establishes the right of a rape victim to terminate pregnancy based on the risk to her life and mental health, as provided in the Medical Termination of Pregnancy Act, 1971.
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