Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL
Victim M – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAKESH THAPLIYAL, J.
1. The instant writ petition has been preferred on behalf of the victim M female with the following relief:-
(i) To issue a writ, order, or direction in the nature of Mandamus, commanding the respondents to terminate the pregnancy of the petitioner in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021, pursuant to the application filed by the mother of the Petitioner before the learned special Judge (POCSO)/Additional District & Sessions Judge, Dehradun.
(ii) To issue a writ, order or direction in the nature of Mandamus, commanding the respondents to constitute a duly authorized State Medical Board in terms of the provisions of the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of Pregnancy (Amendment) Act, 2021, for the purpose of examining the petitioner and submitting its opinion regarding the medical termination of her pregnancy within a time-bound period, and thereafter to permit termination of the pregnancy in accordance with the opinion of the said Medical Board and in the interest of justice.
2. It is argued by
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.
Termination of pregnancy beyond 24 weeks requires substantial fetal abnormalities; absence of such conditions leads to non-approval under the Medical Termination of Pregnancy 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.
Termination of pregnancy beyond 24 weeks is permitted only for substantial foetal abnormalities or immediate health risks; in absence, proper medical care must be ensured.
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 right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
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 judgment underlines the importance of reproductive autonomy and medical advice in cases of severe foetal abnormalities, allowing termination beyond statutory limits if justified.
The main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
