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SHEKHAR B. SARAF, MANJIVE SHUKLA
X (Minor Victim) – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Sri Desh Ratan Chaudhary and Sri Siddharth Chaudhary, learned counsel appearing on behalf of the petitioner and Sri Birendra Prasad Shukla, the learned Standing Counsel appearing on behalf of the State.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for the issuance of a Writ of Mandamus commanding the Chief Medical Officer concerned (hereinafter referred to as respondent No. 3) to medically terminate the pregnancy of the petitioner.
FACTUAL MATRIX OF THE CASE
3. Factual matrix leading to the instant petition is delineated below:
(b) On June 25, 2024, a First Information Report was lodged at Police Station concerned under Section 363 of the Indian Penal Code, 1860, by the petitioner's maternal uncle alleging that the petitioner was enticed away by a man.
(c) On June 28, 2024, during the course of the investigation, the petitioner was recovered, and it was found that the petitioner was subjected to sexual intercourse. Subsequently, the c
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The court reinforced the importance of maternal health and autonomy in pregnancy decisions, particularly regarding late-term terminations, while promoting adoption as a viable alternative.
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 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 recognized the importance of a minor's mental health in allowing medical termination of pregnancy resulting from rape, reinforcing the rights of victims under the MTP Act.
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.
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
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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