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VINAY SARAF
A Minor – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. parental consent for minor's abortion (Para 1 , 2 , 5) |
| 2. medical board's role in pregnancy termination (Para 3 , 4 , 11) |
| 3. mental health implications of carrying pregnancy (Para 6 , 9) |
| 4. judicial authority in matters of abortion (Para 10 , 13 , 15) |
| 5. procedural safeguards for termination (Para 16 , 17) |
ORDER :
1. The present petition is preferred by the father of minor rape victim seeking directions from this Court to get terminated her pregnancy. The name of the victim has not been disclosed in this order in view of the provisions of Section 5A of the Medical Termination of the Pregnancy Act, 1971.
2. As per petition, the petitioner has completed her age of 14 years just few days back i.e. on 03.10.2024. An FIR was lodged at Police Station, Narmadapuram Dehat, District Narmadapuram registered as Crime No.482/2024 under Sections 3 76(3), 376(1), 506 (j) (ii) of POCSO Act, 2010 upon the complaint lodged by the petitioner at Police Station, Kotwali, District Betul on 18.09.2024. As per petition, the petitioner was subjected to sexual assault and rape by her relative and later on she was found pregnant. When report was lodged, she was having pregnancy of 26 weeks. The
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.
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.
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....
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.
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