No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
1 week, 6 days ago

No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case

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Upholding an order dismissing a father's plea seeking termination of his daughter's over 24-week pregnancy who was allegedly trafficked and raped, the Jaipur bench of the Rajasthan High Court took suo motu cognizance of the issue noting that there was no obligation in law on the State to apprise a sexual assault survivor of her right to termination. In the first medical report, it was opined that termination of pregnancy would involve "very high risk" to the life of the girl as well as the foetus. The court also noted that "opinions had been rendered by two medical boards" which predominantly declared high risk involved in terminating pregnancy, and that terminating it would lead to higher risk than continuing it. On the fact that plea for termination was moved belatedly, the court said,“A very crucial aspect of the presence case is that though the learned Single Judge proceeded with utmost expedition and decided the case in few days after obtaining reports one after another in quick succession, the appellant, through her natural guardian took almost one month to file present appeal with the result that now the appellant is at an advances stage of pregnancy of 31-32 weeks. Therefore, as on the date, decision has to be taken keeping in view the advanced stage of pregnancy of the appellant-victim.” In doing so the court also underscored that while it was not oblivious to the girl's fundamental right of reproductive choice, the agony and the stress which she would undergo to carry the pregnancy, however subjecting her to termination would increase risk to her life, which as a Constitutional Court committed to protecting citizens' lives it cannot allow.

History of this topic

Chhattisgarh HC Allows Termination of Minor Rape Survivor's Pregnancy
6 days, 13 hours ago
Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy
6 days, 14 hours ago
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1 week, 6 days ago
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1 month ago
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1 month, 1 week ago
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4 months ago
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4 months ago
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4 months, 3 weeks ago
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5 months, 2 weeks ago
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6 months ago
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6 months ago
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6 months, 2 weeks ago
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7 months ago
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7 months, 1 week ago
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7 months, 1 week ago
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1 year ago
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1 year ago
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1 year ago
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1 year, 2 months ago
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1 year, 2 months ago
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1 year, 3 months ago
‘No Life Giver In World Like The Mother’: Gujarat HC Cites 'Skand Purana' While Allowing Minor Girl To Abort 17-Week Pregnancy
1 year, 3 months ago
SC allows rape survivor to terminate pregnancy, says conception outside marriage is injurious
1 year, 4 months ago
SC allows rape survivor to terminate pregnancy, raps Gujarat High Court
1 year, 4 months ago
Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy
1 year, 5 months ago
Denying a rape survivor right to terminate pregnancy is denying her right to live with dignity: HC
1 year, 5 months ago
Compelling Woman To Continue Unwanted Pregnancy Violates Fundamental Rights: Chhattisgarh High Court Grants Relief To Minor Rape Survivor
1 year, 5 months ago
Gujarat HC Disallows Termination Of Minor Rape Survivor's 31-Week Pregnancy, Directs State Govt To Facilitate Delivery Of Child, Pay Compensation
1 year, 6 months ago
Gujarat High Court Allows Termination Of 20 Week-Old Pregnancy Of Minor Rape Victim
1 year, 6 months ago
Bombay High Court allows rape survivor to terminate her pregnancy of 23 weeks
1 year, 6 months ago
Over 95% women unaware of new abortion rules: study
1 year, 9 months ago
Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
1 year, 10 months ago
Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022
1 year, 11 months ago
'Each Day's Delay Will Add To Victim's Agony': Kerala High Court Permits Minor To Terminate Pregnancy Of 26 Weeks
2 years ago
'Social Stigma Will Be Insurmountable': Uttarakhand HC Allows 13-Year Old Rape Victim To Terminate Pregnancy Of Over 25 Weeks
2 years ago
What Constitutes Substantial Foetal Abnormalities Under Medical Termination Of Pregnancy Act? Delhi High Court Explains
2 years ago
Delhi High Court Directs LNJP Hospital To Examine 26-Yr-Old Married Woman's Request For Termination Of 33 Weeks-Old Pregnancy
2 years ago
Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks
2 years ago
Rajasthan HC allows girl to undergo abortion in 27th week of pregnancy
2 years, 1 month ago
Karnataka High Court Directs Hospital To Consider Medical Termination Of 13-Yr-Old Rape Victim's Pregnancy Of 25 Weeks
2 years, 1 month ago

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