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SANJEEV SACHDEVA, VINAY SARAF
A Minor Through Her Grandmother G – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Sachdeva, Acting CJ. -- 1. Appellant impugns order dated 22.7.2024 whereby the prayer for termination of pregnancy has been declined on the ground that the foetus is over 28 weeks.
2. Subject petition has been filed by the grandmother of the minor girl. It is contended that the parents of the minor girl were separated from the grandmother and were living separately and the child has been brought up by the maternal grandmother from a very early age.
3. In the impugned order, the learned Single Judge has noticed the opinion of the Board part of which has been extracted in the order. For the sake of convenience, the part of the report is extracted herein :--
“5. Opinion by Medical Board for termination of pregnancy :
a) Allowed: -
b) Denied: Denied
The gestational age of the fetus is more than 24 weeks hence medical termination cannot be performed as per MTP act amendment 2021. In case of permission or order of MTP by honorable Court such termination can be performed with all the explained risk of anticipated and unanticipated complications related to termination of such high risk teenage pregnancy and the survivor having mild intellectual disability. Termination of pre
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.
Termination of pregnancy beyond 24 weeks is permissible under specific conditions for minors when facing severe health risks, as affirmed by medical evaluation and consent of guardians.
Medical termination of pregnancy – Consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount – In case there is a divergence in opinion of a pregnan....
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
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.
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.
The main legal point established in the judgment is that the MTP Act allows medical termination of pregnancy beyond the statutory cap of 24 weeks if continuing the pregnancy would cause grave injury ....
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....
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