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MADHYA PRADESH HIGH COURT
Gulshan Kumar Arora, J
Manju Ramavtar Kaushal v. State of Madhya Pradesh and Others
| Table of Content |
|---|
| 1. request for termination of pregnancy (Para 1 , 2) |
| 2. legal argument for termination due to rape (Para 4 , 5) |
| 3. court's reliance on medical advice and prior judgments (Para 6 , 8 , 10) |
| 4. balancing health risks with legal rights (Para 7 , 9) |
| 5. court's final order and directives (Para 11 , 12 , 13 , 14) |
1. The petitioner has approached this Court seeking permission / direction for termination of pregnancy of her minor daughter.
2. According to the petitioner her daughter is a rape victim. She lodged an FIR No.0/2019 dated 27.03.2019 in Police Station Mahila Thana, Indore for offence under S.376, S.376 (2) (n), 376 (2) (f) and 506 of the IPC and S.5 (I) (n) and 6 of Protection of Children from Sexual Offences Act, 2012. Because of that unfortunate incident, she became pregnant and as on 28.03.2019, the life of fetus was 20 weeks. Since, the life of fetus has exceeded 12 weeks, therefore, under the provisions of Medical Termination of Pregnancy Act, 1971 (hereinafter referred as "Act of 1971") the doctors have restrained themselves to terminate the pregnancy, Hence, the petitioner has approached this Court by way of writ petition as victim do not want to continue with
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