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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT
A – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition for medical termination of pregnancy. (Para 1 , 2) |
| 2. medical evaluation and second opinion on pregnancy. (Para 3 , 4) |
| 3. conditions under which termination is permissible. (Para 5) |
| 4. rights and reproductive autonomy of women. (Para 6 , 7) |
| 5. dismissal of petition due to lack of medical justification. (Para 8) |
| 6. disposition of writ petition. (Para 10) |
ORDER :
VISHAL DHAGAT, J.
1. Petitioner has filed this petition under Article 226 of the Constitution of India making a prayer for granting permission for medical termination of pregnancy of a minor girl, who is represented by her guardian, father. Prosecutrix was subjected to rape and become pregnant.
2. Counsel appearing for the petitioner submitted that FIR was lodged on 29.11.2024 of rape on a minor mentally challenged girl aged about 14 years. MLC was done on 30.11.2024 and she was pregnant about 21 weeks and 3 days and as on 30.1.2025, she was pregnant for 30 weeks and 1 day. Father is sole guardian, labourer and he will not be able to handle the grave situation. Looking to the age of a girl and impact of pregnancy on her physical, mental and psychological well being and societal repercussions, petitioner m
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....
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 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....
A minor's consent is paramount in the decision to terminate a pregnancy, emphasizing reproductive rights and autonomy under Article 21.
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 affirmed that a minor's right to terminate a pregnancy resulting from sexual assault is protected under personal liberty, emphasizing the need for medical supervision and parental consent.
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
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