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SALIL KUMAR RAI, SURENDRA SINGH-I
Abc D/o Deep Chand – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Surendra Singh-I, J.
On the previous date i.e. on 27.9.2023 considering the advance stage of pregnancy of the survivor which was 21 weeks and 5 days and the fact that the Court was to remain closed for the next five days i.e. from 28.9.2023 to 2.10.2023, the Court after considering the Medical Report dated 26.9.2023, directed the CMO Ghaziabad to carry out medical termination of pregnancy of the victim and send his report to this Court. It was also mentioned that the reasons for the order will be given later.
2. In pursuance to the order dated 27.9.2023 passed by us, the reasons for the said order are being stated below.
3. The provisions regarding medical termination of pregnancy is provided under Section 3 of the Act No. 34 of 1971 which as follows :
(2) Subject to the provisions of sub-section (4), a preg
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 court affirmed the victim's right to terminate her pregnancy exceeding 24 weeks, emphasizing mental health considerations as paramount, grounded in the Medical Termination of Pregnancy Act's prov....
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
(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....
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.
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
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