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SURESH KUMAR KAIT, VIVEK JAIN
In Reference (Suo Motu) – Appellant
Versus
The State of M. P. – Respondent
ORDER
Kait, C.J. -- 1. This suo motu writ petition has been registered on account of divergent directions passed by the learned Single Judge, Indore Bench in Writ Petition No.39431 of 2024 (X Vs. The State of Madhya Pradesh & others) vide order dated 12.12.2024, in which certain guidelines have been carved out in order to expedite the cases relating to termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (for short “the MTP Act”). It was held that these guidelines shall be followed in each and every case whereas the learned Single Judge at Principal Seat, Jabalpur in Writ Petition No.3491 of 2025 (Prosecutrix X Vs. State of M.P. and others) vide order dated 28.01.2025 regarding matter of termination of pregnancy of rape survivor under the provisions as contained in section 3 of the Medical Termination of Pregnancy Act, 1971 is of the view that pregnancy may be terminated where the length of pregnancy does not exceed 24 weeks without obtaining the order of the Court. Further held that permission from the Court is only required in cases where the pregnancy is of more than 24 weeks.
2. Taking serious note of procedural delay occurred in the case of rape survivo
Rape - Termination of pregnancy - Right of privacy of petitioner, medical reports, and bearing in mind best interest principle, petition deserves to be allowed as prayed for only with a view to save ....
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 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 pregnancy after 20 weeks is permissible under certain conditions, including expert medical opinion regarding the health risks to the pregnant individual.
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
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