AI Overview...
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Section 3(2)(b) of the MTP Act - Allows medical termination of pregnancy beyond 20 weeks only under specific conditions, such as the existence of substantial fetal abnormalities or risks to the pregnant woman's life or health. It emphasizes that termination after 20 weeks is permissible if approved by a Medical Board and if certain medical conditions are met. XYZ VS Union Of India - Bombay, Cry For Life Society VS Union of India - Kerala, AKHILA KURIAN ALIAS AKHILA ANN BABY Vs THE UNION OF INDIA - Kerala
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Legal Validity and Constitutional Challenges - Some sources mention that provisions like Section 3(2)(b) have faced scrutiny regarding their constitutionality under Articles 14 and 21 of the Indian Constitution, especially concerning the criteria and procedures for late-term abortions. Courts have upheld the law's validity when aligned with medical and constitutional standards. XYZ VS Union Of India - Bombay, Cry For Life Society VS Union of India - Kerala
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Conditions for Termination - Section 3(2)(a) permits termination if the pregnancy does not exceed 12 weeks and certain conditions are met, such as consent from a registered medical practitioner. Beyond 12 weeks, especially approaching or exceeding 20 weeks, additional criteria and medical evaluations are required. Raiyaben Devrajbhai Solanki VS State of Gujarat - Gujarat, Xyz Nil VS State Of Chhattisgarh - Chhattisgarh
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Role of Medical Boards - For pregnancies beyond 20 weeks, a Medical Board's opinion is essential to justify termination, ensuring medical and legal safeguards are followed. This process is crucial when the pregnancy involves fetal abnormalities or risks to the mother. XYZ VS Union Of India - Bombay, Cry For Life Society VS Union of India - Kerala, AKHILA KURIAN ALIAS AKHILA ANN BABY Vs THE UNION OF INDIA - Kerala
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Special Cases - The law also covers cases involving minors, rape victims, and fetal abnormalities, where specific provisions or procedural safeguards are applicable, such as guardian consent for minors or medical assessments for rape-related pregnancies. A (Mother of X) VS State of Maharashtra - Supreme Court, X VS State Of Odisha - Orissa, AKHILA KURIAN ALIAS AKHILA ANN BABY Vs THE UNION OF INDIA - Kerala
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Summary & Conclusion - Section 3(2)(b) of the MTP Act primarily governs late-term abortions (beyond 20 weeks), stipulating that such abortions are permissible only under stringent medical and legal conditions, including approval by a Medical Board. The provision aims to balance women's reproductive rights with medical safety and fetal viability considerations, while also facing constitutional scrutiny regarding its restrictions. XYZ VS Union Of India - Bombay, Cry For Life Society VS Union of India - Kerala, AKHILA KURIAN ALIAS AKHILA ANN BABY Vs THE UNION OF INDIA - Kerala
Search Results for "Section 3 2b of the Mtp Act"
2019 0 Supreme(Bom) 463 • India - Bombay
A.S.OKA, M.S.SONAK
for an abortion to be done under section 3 of the MTP Act is ultra vires Article 14 and 21 of the Constitution of India. ... 3 (2)(b) of the MTP Act. ... 3 (2)(b) of the MTP Act. ... (ii) of section 3(2)(b) of the MTP Act exist. ... of the ceiling of 20 weeks as prescribed in section 3 of the MTP#HL....
2022 0 Supreme(Guj) 243 • India - Gujarat
VIPUL M.PANCHOLI
482 - Medical Termination of Pregnancy Act, 1971 - Medical Termination of Pregnancy (Amendment) Act, 2021 - Section 3 – Equality ... 3 of MTP Act, 2021, where length of pregnancy does not exceed 12 weeks, registered Medical Practitioner and where such length of ... 3 of MTP Act, 2021, it is clear that this provision allows abortion only if specific conditions are met with - Therefore on perusal ... Thus on perusal ....
2024 Supreme(Online)(DEL) 13916 • India - High Court of Delhi
HON'BLE MS. JUSTICE JYOTI SINGH
MTP Act - Termination of Pregnancy - Sections 3(2)(a) - The court allowed the petitioner to terminate her pregnancy under Section ... Issues: Whether the petitioner can be allowed to terminate her pregnancy under Section 3(2)(a) of the MTP Act, 1971. ... 3(2)(a) of the MTP Act, 1971. ... Learned counsel for the Petitioner submits that Section 3#HL_END....
2024 4 Supreme 286 • India - Supreme Court
D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
This is permissible as ‘X’ is a minor and consent of guardian is prescribed under Section 3(4)(a) of MTP Act. ... merely state that grounds under Section 3(2-B) of MTP Act are not met – Medical Board must examine pregnant person and opine on ... (A) Medical Termination of Pregnancy Act, 1971 – Section 3 – Constitution of India – Article 21 – Medical ... Therefore, the medical board cannot merely s....
2020 0 Supreme(Ker) 322 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
3(2)(ii) - Prohibition of Sex Selection Act, 1994-The provisions of Section 3(2) of the MTP Act, 1971 are in accordance with law ... Finding of the court: The provisions of Section 3(2) of the MTP Act, 1971 are in accordance ... The Constitution of India- Art.21, Article 226- The Medical Termination of Pregnancy Act, 1971- Section ... Section 3#HL_END....
2018 0 Supreme(Bom) 164 • India - Bombay
S.S.SHINDE, S.M.GAVHANE
(4) of section 3 of MTP Act consent in writing of her guardian is required to terminate pregnancy - However considering her age ... Indian Penal Code,1860 - section 376 - Code of Criminal Procedure came - Section 164 - Medical Termination ... 363 read with section 34 of Indian Penal Code - After said crime was registered son-in-law of petitioner brought victim in police ... As she is minor, as per sub-section (4) of section #HL_STAR....
2021 0 Supreme(Ori) 266 • India - Orissa
S.K.PANIGRAHI
The petitioner, a rape victim, sought termination of pregnancy under Section 3 of the MTP Act. ... Justice - Medical Termination of Pregnancy - 3 of the Medical Termination of Pregnancy Act, 1971 - 3 Fact of the Case:/ ... Finding of the Court: The court found that the MTP Act permits termination of pregnancy under specific conditions, ... This position has been unambiguously stated in Section 3#HL_END....
2020 Supreme(Online)(KER) 25418 • India - High Court of Kerala
P.V.ASHA, J
Medical Termination - Pregnancy Termination - MTP Act Section 3, Section 5 - The court interpreted provisions of the MTP Act regarding ... 3. ... Hence there there is an indication for MTP. 2. Since the gestational age is more than 34 weeks there is a possibility of survival of baby at birth. ... 3. Since the petitioner is having placenta previa, there is a chance of excessive bleeding during delivery”. ... It is....
2023 0 Supreme(Chh) 733 • India - Chhattisgarh
P. SAM KOSHY
Section 3 (2)(a)(b). For ready reference sub-Section 2 of Section 3 of the Medical Termination Pregnancy Act 1971 is being reproduced here-in-under:- 3(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner--(a) where the length of ... The relationship of the petitioner getting strained with the respondent No. 5 or if the marriage life for some reason gets derailed, are not grounds which....
2020 0 Supreme(Ker) 294 • India - Kerala
A.K.JAYASANKARAN NAMBIAR, SHAJI P.CHALY
from Sexual Offences Act Section 3 vis-a-vis Section 5 MTP Act, 1971 in the case of a rape victim where the pregnancy exceeded 20 ... Medical Termination of Pregnancy Act, 1971-Section 3 to 5;;The Indian Penal Code ;;The Protection of Children ... Act, 1971. ... On a deeper analysis of the provisions of Act 1971 quoted above, it would be clear that Section 5(1) of MTP#H....
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