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SANJAYA KUMAR MISHRA
`x` Represented By Her Father And Natural Guardian – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Sanjaya Kumar Mishra, J. - By filing this writ petition, a victim of sexual assault, aged about 13 years, has prayed for a direction, by issuing a writ of Mandamus, to Chief Medical Officer, Dehradun and Doon Medical Hospital, Dehradun through its Managing Director to terminate the pregnancy of the petitioner caused due to illegal act perpetuated upon her.
2. This writ petition has been filed through her father and natural guardian. He and victim girl appeared before this Court virtually. He has consented for medical termination of unwanted pregnancy, though a panel of doctors constituted by this Court as per order dated 05.12.2022, has stated that since termination of pregnancy at any stage entails various medical surgical complication including risk of operative delivery and anaesthetic complications and ICU admission and danger of life, so it can be attempted with complete informed consent.
3. It is not disputed at this stage that pregnancy of the victim girl, who is petitioner before us, has pregnancy of 25 weeks and 4 days. Sub section (2) of Section 3 of the Medical Termination of Pregnancy Act, 1971 provides for termination of pregnancy where the length of pregnancy ex
A woman's right to make reproductive choices is a dimension of 'personal liberty' under Article 21 of the Constitution of India.
The central legal point established in the judgment is that the court has the power to permit the termination of a minor victim's pregnancy, even when the gestational period exceeds 20 weeks, based o....
The court's decision emphasized the importance of considering the mental and physical well-being of the victim in allowing the termination of pregnancy beyond the statutory limit.
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.
Medical termination of pregnancy beyond the statutory 24-week limit may be permitted to protect the reproductive rights and bodily privacy of a minor sexual assault victim if deemed medically safe by....
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
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