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VISHAL MISHRA
VICTIM ?A? – Appellant
Versus
STATE OF M. P. – Respondent
ORDER/JUDGMENT – Shri Ghanshyam Barman, counsel for the petitioner.
Shri Ankit Agrawal, Government Advocate for the respondents/State. Heard.
The present petition is being filed by the petitioner, who is a rape victim, seeking direction from this Hon’ble Court to get her pregnancy terminated.
2. It is alleged that on 21-6-2021 Shubham Vishwakarma committed a sexual intercourse with the petitioner against her will on the basis of false pretext of marriage resulting into pregnancy of which an FIR bearing Crime No. 1176/2021 for offences punishable under section 376 and 376(2)(n) of the Indian Penal Code and section 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 was got registered at Police Station Adhartal, Jabalpur against Shubham Vishwakaram and he was arrested.
3. It is alleged that the MLC of the victim was got conducted and report dated 5-8-2021 was submitted finding petitioner to be having a pregnancy of 8 weeks. It is submitted that she does not want to continue with her unwanted pregnancy for which she has filed the present petition seeking leave of this Court to permit her to get her pregnancy terminated as the same will
The central legal point established in the judgment is that the Medical Termination of Pregnancy Act, 1971, allows for the termination of pregnancy under special circumstances, including the risk to ....
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
Termination of pregnancy for minors must adhere to statutory requirements while considering mental health aspects.
The court upheld the strict provisions of the Medical Termination of Pregnancy Act, emphasizing consent and mental health while ultimately denying the termination due to associated risks.
The judgment underscores the statutory provisions and judicial interpretations governing the termination of pregnancy under the MTP Act, emphasizing the balance between the rights of the woman and th....
The court emphasized the importance of considering the impact of domestic violence on a pregnant woman's mental health and the need for a liberal and purposive interpretation of the Medical Terminati....
The court emphasized the need to interpret the provisions of the Medical Termination of Pregnancy Act, 1971 liberally, considering the pregnant woman's actual or reasonable foreseeable environment an....
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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