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2021 Supreme(Online)(Chh) 2709

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Miss ABC – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Anish Tiwari
For the Respondents: Sunil Otwani, Rohit Sharma

Table of Content
1. petitioner seeks abortion due to mental health implications. (Para 2 , 4 , 5)
2. court assesses medical opinions regarding termination risks. (Para 10 , 20)
3. rights to life of fetus and mother are weighed. (Para 22 , 24)
4. court dismisses petition, supporting fetal rights. (Para 34)

1. Proceedings of this matter have been taken - up through video conferencing.

2. The petitioner, who is a girl aged about 20 years and is into her 26 weeks and 4 days of pregnancy as on 3-10-2020, has filed this petition seeking direction to the respondents to allow her to undergo medical termination of pregnancy on the ground that she being a rape victim is under great mental agony on account of sexual abuse and she is mentally and physically not in a position to carry the child specifically when her pregnancy is on account of rape, therefore, applying the best interests theory, she should be allowed to undergo termination of her pregnancy.

3. This petition came - up for hearing before this Court on 30-9 - 2 2020. This Court constituted a Medical Board consisting of Chief Medical and Health Officer, District Hospital, Mahasamund, one or two senior Gynaecologists available in the hospi





























































































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