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SUSHRUT ARVIND DHARMADHIKARI
A Minor Girl Through Her Mother M – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Heard finally with the consent of both the parties. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-
"(i) That, this Hon'ble Court may kindly be pleased to call the record of the matter and direction may be given to the respondents to abort the foetus scientifically as soon as possible and to conduct DNA test of the foetus for the purpose of evidence in the trial.
(ii) Any other relief(s), which this Hon'ble Court deems just and necessary in the facts and circumstances of the case, may also be awarded to the petitioner.'
2. Case of the petitioner is that a report was lodged by her at Police Station Lordganj, District Jabalpur, for offences punishable under sections 376, 506 of the IPC and Sections 5(J)(2)/6, 3/4 of the POCSO Act vide Crime No.509/2022. During investigation, the petitioner came to know about the pregnancy and medical examination was conducted by the registered Medical Practitioner, who gave the report of pregnancy as "positive". Since continuance of pregnancy would cause grave injury to mental health of the petitioner and would create a great mental agony for her entire life and may also
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 ....
Termination of pregnancy for minors must adhere to statutory requirements while considering mental health aspects.
Termination of pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
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.
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
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.
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