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RAJ MOHAN SINGH
A Minor through Her Father – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The minor victim has preferred this petition through her father seeking issuance of an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondent No.2 to medically terminate the pregnancy of the victim minor girl, who is only 16 years of age and is a rape victim.
2. On 29.2.2024, the FIR has been lodged by the mother of the minor victim against the accused for the offences under sections 376, 376(2)(n), 376(3) of IPC and other related offences under POCSO Act in police station Samnapur, District Dhindori (M.P). In the medical test itself, the victim has been found to be pregnant. Now, she is carrying pregnancy of 24 weeks and seeks to get it terminated in terms of provisions of Medical Termination of Pregnancy Act, 1971.
On 12.03.2024, this Court has passed following order:-
"Ms. Divyakeerti Bohare - Advocate for the petitioner. Shri V.P. Tiwari - Government Advocate for the respondents/State.
Learned counsel for the petitioner submits that the petitioner is a rape victim and has become pregnant. She is carrying pregnancy of 24 weeks as o f now and seeks to medically terminate the pregnancy as per the provisions of Medical Terminati
The central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking terminati....
Point of law : Victim of Rape – Termination of pregnancy - since each day's delay would be crucial for the victim and the family, Court direct the Superintendent of Medical College to terminate the p....
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 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 court allowed the termination of a minor's pregnancy resulting from rape, prioritizing her mental health and well-being over the continuation of the pregnancy.
The court established that minors can terminate pregnancies resulting from sexual abuse with guardian consent, prioritizing mental health considerations.
The judgment establishes the principle that in cases of minors who are victims of sexual assault, the risks to their physical and mental health due to pregnancy should be considered, and medical term....
The court affirmed that medical termination of pregnancy beyond 24 weeks is not permissible unless specific medical criteria are met, emphasizing the need to balance the reproductive rights of the gu....
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