Punjab & Haryana HC Allows HIV Positive Woman To Terminate 18-Week Pregnancy [Read Order]
7 years ago

Punjab & Haryana HC Allows HIV Positive Woman To Terminate 18-Week Pregnancy [Read Order]

Live Law  

The Punjab and Haryana High Court, on Wednesday, permitted an HIV positive woman to terminate her 18-week-long pregnancy.Justice Rakesh Kumar Jain noted that the Petitioner had already been deserted by her husband due to her mental condition. The Punjab and Haryana High Court, on Wednesday, permitted an HIV positive woman to terminate her 18-week-long pregnancy. He then ordered her to appear before the Principal of Government Medical College and Rajindra Hospital, Patiala on 22 March, directing the latter to "immediately proceed, taking into consideration the health and mental condition of the petitioner, for the purpose of termination of her pregnancy and shall also provide the pre and post-termination medicines and other facilities to the petitioner". The Court had then sought the opinion from the Medical Board, Government College, Patiala, on the question whether the child would suffer from any physical or mental abnormality or would be HIV positive.

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History of this topic

Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court
2 months, 1 week ago

Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court held that a woman living separately from her husband without obtaining divorce can terminate pregnancy without taking consent from the husband under the Medical Termination of Pregnancy Act. Principal Secretary, Health and Family Welfare Department and Anr and, Rule 3 of the The Medical Termination of Pregnancy Rules, 2003 said, "giving a purposive interpretation …

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor
2 months, 2 weeks ago

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor

Live Law  

The Chhattisgarh High Court on Thursday allowed the prayer of a minor rape victim for abortion of her 24 weeks 6 days old foetus and held that a victim/prosecutrix cannot be compelled to give birth to the child of her rapist. While emphasizing the right to bodily autonomy of the victim/petitioner, the Single Bench of Justice Bibhu Datta Guru observed …

Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
3 months ago

Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'

Live Law  

The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held – “In such circumstances, if the victim is …

Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket
6 months, 3 weeks ago

Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket

Live Law  

Observing that "female infanticide remains a deeply disturbing issue in India, particularly in this part of the country", the Punjab & Haryana High Court has refused to grant pre-arrest bail to a doctor accused of operating widespread illegal sex determination racket in both states.Justice Manjari Nehru Kaul said, "It needs to be pointed out that female infanticide remains a deeply. …

Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why
8 months, 2 weeks ago

Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why

Hindustan Times  

The Delhi high court on Friday passed an order allowing a 31-year-old woman to undergo medical termination of her pregnancy of around 30 weeks after the foetus was found to have a neuro-developmental disorder. The Delhi High Court on Friday passed an order allowing a 31-year-old woman to undergo medical termination of her pregnancy of around 30 weeks after the …

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy
10 months ago

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy

Live Law  

Observing that if the child is born "shall be a reminder of trauma and agony she had to undergo", the Punjab & Haryana High Court has allowed the termination of pregnancy of a married woman who was allegedly sexually assaulted by her husband.Justice Vinod S. Bhardwaj said, "It can also not be lost sight of the fact that the pregnancy …

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life
1 year, 4 months ago

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life

Live Law  

Observing that abortion at such an advanced stage would "not only endanger the life of the minor victim but is likely to premature delivery of child", the Punjab & Haryana High Court has refused to direct termination of 33 weeks old pregnancy of a minor rape victim.The Medical board also opined that it will not be safe and would be …

Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks
2 years, 3 months ago

Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks

Live Law  

Allowing a 17-year-old rape victim to get her pregnancy of 26 weeks terminated at a hospital, the Punjab and Haryana High Court recently observed that the child, if born, would be a reminder of trauma and agony for the minor.Justice Vinod S. Bhardwaj in the ruling said, "As an unwanted child, the member is also likely to either live a …

Kerala HC Aids Minor Rape Victim, Allows Medical Termination of 28-week Pregnancy
2 years, 7 months ago

Kerala HC Aids Minor Rape Victim, Allows Medical Termination of 28-week Pregnancy

News 18  

The Kerala High Court has come to the aid of a minor rape victim by permitting medical termination of her 28-week old pregnancy. The high court permitted the medical termination of pregnancy based on the report of a medical board which had examined the victim and had opined that the “anguish caused by continuation of the pregnancy can be presumed …

Unmarried woman moves SC challenging Delhi HC order denying permission to terminate pregnancy
2 years, 8 months ago

Unmarried woman moves SC challenging Delhi HC order denying permission to terminate pregnancy

India Today  

After the Delhi High Court order refused to allow an unmarried woman to undergo medical termination of pregnancy at 23 weeks, observing it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship, the 25-year-old woman on Tuesday moved the Supreme Court seeking relief. DELHI HC DENIES PERMISSION The Delhi High Court, …

Delhi HC refuses to permit unmarried woman to terminate pregnancy at 23 weeks
2 years, 8 months ago

Delhi HC refuses to permit unmarried woman to terminate pregnancy at 23 weeks

The Hindu  

The Delhi High Court has refused to allow an unmarried woman to undergo medical termination of pregnancy at 23 weeks, observing it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship. "The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered …

Why Uttarakhand High Court’s order to allow rape survivor to terminate 28-week foetus is significant
3 years, 1 month ago

Why Uttarakhand High Court’s order to allow rape survivor to terminate 28-week foetus is significant

Firstpost  

The petitioner had stated that being forced to continue with the unwanted pregnancy was extremely deleterious to her mental and emotional well-being “There is a right to terminate pregnancy on ground of rape. She has also right not to carry pregnancy subject to the conditions as enumerated under the provisions of the Act.” With these words, the Uttarakhand High Court …

"Justice Is Sum Of All Moral Duty": Orissa HC Orders ₹10 Lakh Compensation For Gang Rape Survivor Carrying Over 26-Week Pregnancy
3 years, 4 months ago

"Justice Is Sum Of All Moral Duty": Orissa HC Orders ₹10 Lakh Compensation For Gang Rape Survivor Carrying Over 26-Week Pregnancy

Live Law  

Quoting political philosopher William Godwin, the Orissa High Court, while stressing that Justice is the sum of all moral duty, directed the State Government to pay ₹10 Lakh as compensation to a 20-year-old gang-rape victim who became pregnant due to the offence committed against her.However, the Bench of Justice S.K. Quoting political philosopher William Godwin, the Orissa High Court, while …

Supreme Court Issues Notice In Plea Seeking Termination Of Pregnancy Of A 14-Year Old Girl, Seeks Medical Board's Report
4 years ago

Supreme Court Issues Notice In Plea Seeking Termination Of Pregnancy Of A 14-Year Old Girl, Seeks Medical Board's Report

Live Law  

Supreme Court has on Tuesday issued notice in a plea of a 14 year old girl seeking termination of her 27 weeks old pregnancy. A three-judge Bench of CJI Bobde, Justices AS Bopanna and V Ramasubramaniam has directed the Medical Board to submit its report in 1 week. During the hearing Advocate VK Biju appearing on behalf of the victim …

Punjab & Haryana HC Refuses Abortion For 14 YO Rape Survivor; Directs State To Bear All Medical Expenses [Read Order]
6 years, 6 months ago

Punjab & Haryana HC Refuses Abortion For 14 YO Rape Survivor; Directs State To Bear All Medical Expenses [Read Order]

Live Law  

The Punjab and Haryana High Court recently refused permission to terminate the pregnancy of a 14-year-old rape survivor but directed the Haryana government to bear all the expenses for her delivery.Justice Rakesh Kumar Jain ordered, “The Chief Secretary of the State of Haryana, Principal Secretary, Deportment of Health and all other concerned departments of State of Haryana are directed. The …

Rajasthan HC allows 15-year-old rape victim to terminate 22-week pregnancy
6 years, 9 months ago

Rajasthan HC allows 15-year-old rape victim to terminate 22-week pregnancy

Hindustan Times  

The Rajasthan high court on Tuesday allowed a 15-year-old girl who was allegedly raped, to terminate her 22-week pregnancy after a medical board submitted that the foetus had a medical condition due to which it had “very little or no chance of survival.” In its report, the medical board of Dr SN Medical College, Jodhpur, stated that the foetus had …

Punjab & Haryana HC Allows HIV Positive Woman To Terminate 18-Week Pregnancy [Read Order]
7 years ago

Punjab & Haryana HC Allows HIV Positive Woman To Terminate 18-Week Pregnancy [Read Order]

Live Law  

The Punjab and Haryana High Court, on Wednesday, permitted an HIV positive woman to terminate her 18-week-long pregnancy.Justice Rakesh Kumar Jain noted that the Petitioner had already been deserted by her husband due to her mental condition. The Punjab and Haryana High Court, on Wednesday, permitted an HIV positive woman to terminate her 18-week-long pregnancy. He then ordered her to …

HIV positive foetus not to be aborted
7 years, 10 months ago

HIV positive foetus not to be aborted

Deccan Chronicle  

New Delhi: With the Medical Board of AIIMS, New Delhi informing that it will be difficult to abort the 26 weeks foetus with HIV positive as it will be dangerous to the mother, the Supreme Court on Tuesday directed the Bihar government to pay Rs 3 lakh to the victim of sexual assault and rape. A Bench of Justices Dipak …

Supreme Court: HIV positive rape victim can't terminate pregnancy as it is risky
7 years, 10 months ago

Supreme Court: HIV positive rape victim can't terminate pregnancy as it is risky

Firstpost  

New Delhi: The Supreme Court on Tuesday said that an HIV positive destitute woman, who was raped on the streets of Patna and is 26 weeks pregnant, cannot abort the foetus as a medical report has suggested it would be risky for both. A bench of Justices Dipak Misra and A M Khanwilkar said the 35-year-old woman, being a rape …

SC Declines HIV-Infected Woman’s Plea To Abort, Orders Bihar Govt. To Pay 3L Compensation [Read Order]
7 years, 10 months ago

SC Declines HIV-Infected Woman’s Plea To Abort, Orders Bihar Govt. To Pay 3L Compensation [Read Order]

Live Law  

The Supreme Court has declined to allow HIV-infected Patna-based woman to terminate her pregnancy, citing danger to her life.A bench led by Justice Dipak Misra relied on the report filed by a board of doctors from the All India Medical Science, which suggested danger to her life, if she was allowed to terminate her pregnancy at this stage.Accepting the petitioner …

Kerala HC Allows Termination Of Over 20-Week Pregnancy Of Rape Victim [Read Judgment]
8 years, 4 months ago

Kerala HC Allows Termination Of Over 20-Week Pregnancy Of Rape Victim [Read Judgment]

Live Law  

The High Court of Kerala has allowed a petition seeking termination of termination of more than 20-week pregnancy of a rape victim.Before the high court, the lady stated that by giving promise of marriage, she was successively subjected to sexual relationship by a person very close to her, by which she became pregnant. The High Court of Kerala has allowed …

Terminating Pregnancy of Rape Victims: Amend the Law to avoid Prosecution of Doctors: Punjab & Haryana HC [Read Judgment]
8 years, 9 months ago

Terminating Pregnancy of Rape Victims: Amend the Law to avoid Prosecution of Doctors: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has requested authorities of AIIMS, New Delhi to reassess the possibility of termination of pregnancy of a rape victim whose gestation period of pregnancy has exceeded 24 weeks. Justice Paramjeet Singh Dhaliwal also advised the Central Government to consider making amendments to the Medical Termination Of Pregnancy Act, 1971 and clarify in so many …

Punjab and Haryana High Court refuses abortion of 12 year old rape victim on Medical Board's report negating "imminent danger" if pregnancy is continued
9 years, 11 months ago

Punjab and Haryana High Court refuses abortion of 12 year old rape victim on Medical Board's report negating "imminent danger" if pregnancy is continued

Live Law  

Justice A.G. Masih of the Punjab and Haryana High Court, in a judgment delivered on March 31, refused to order termination of pregnancy of a 12 year old rape victim, after a Medical Board comprising of eminent doctors concluded that there was "no imminent danger to the life of the victim if the pregnancy is continued. Justice A.G. Masih of …

Punjab and Haryana HC declines abortion of 12-yr-old rape victim
9 years, 11 months ago

Punjab and Haryana HC declines abortion of 12-yr-old rape victim

Hindustan Times  

The Punjab and Haryana high court has declined abortion prayer of a mother of a 12-year-old pregnant rape victim. The girl’s mother had moved the high court seeking directions to the authorities to abort the child since the victim was a minor. The girl’s mother had stated that on February 24, she went to Kalpana Chawla Medical Hospital in Karnal …

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