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2021 Supreme(MP) 335

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
XYZ – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Harpreet Singh Ruprah for petitioner; Swapnil Ganguly, Deputy Advocate General for respondents/State.

ORDER

Rafiq, C.J. -- 1. This writ petition has been filed by petitioner- XYZ praying for a direction to the respondents to allow her daughter (hereinafter referred to as “Victim-A”) to undergo medical termination of pregnancy at the State expense. The petitioner has also challenged the constitutional validity of section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 (for short “the MTP Act”) to the extent it stipulates a ceiling of 24 weeks for medical termination of pregnancy with the prayer the same be declared as ultra vires Article 14 and 21 of the Constitution of India. The petitioner has also challenged the order dated 6.7.2021 passed by the Third Additional Sessions Judge, Hoshangabad in MJC-R No.207/2021 rejecting application of the petitioner for permission to terminate pregnancy of Victim-A.

2. The petitioner is resident of Village Baagratwa, Tehsil Babai, District Hoshangabad of State of Madhya Pradesh. She belongs to Scheduled Tribe community. She is wholly illiterate, living below poverty line. She does not have any moveable or immoveable property. According to the petitioner, she and her husband work as a labourer. Her daughter Victim-A is aged about 23 yea

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