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G.S.AHLUWALIYA
Victim A – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Gurpal Singh Ahluwalia, J.
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
(II) To grant any other relief deemed proper to the facts and circumstances of the case."
2. The facts necessary for disposal of the present petition in short are that the petitioner has filed this petition on the allegation that she came to Jabalpur on 1.6.2020 for training as Community Health Officer and during verification of the documents, she met with accused Sonu Chouraya, R/o. District Chhindwara, who helped her out in verification of the documents. Thereafter, they became friends and exchanged their mobile numbers. On various occasions, accused Sonu Chouraya expressed his feelings that he is in love with her and wants to marry her. When the petitioner informed that she belonged to scheduled caste then accused Sonu Chouraya expressed that he is ready for inter-ca
The fundamental right of a woman to choose not to give birth to a child is a dimension of personal liberty under Article 21 of the Constitution of India.
Termination of pregnancy in minors requires careful consideration of health risks and emotional trauma, recognizing the need for judicial permission under statute.
The central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, particularly in cases involving minors and pregnancies resulting....
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 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.
Rightly to reproductive autonomy – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo an abortion.
The main legal point established in the judgment is that the anguish suffered by a rape victim can constitute grave injury to mental health, permitting the termination of pregnancy under the Medical ....
The court affirmed that a minor's right to terminate a pregnancy resulting from sexual assault is protected under personal liberty, emphasizing the need for medical supervision and parental consent.
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.
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