Consider enacting legislation to preserve foetus in MTP cases, HC tells State, Centre
3 weeks, 3 days ago

Consider enacting legislation to preserve foetus in MTP cases, HC tells State, Centre

The Hindu  

The Kerala High Court has suggested that the State government and the Centre consider enacting legislation or amending existing laws to mandate the preservation of the foetus in Medical Termination of Pregnancy cases involving minor victims, where offences under the Protection of Children from Sexual Offences Act are established. “A directive must be issued to the Director of the State Health department to communicate this order through a circular to all doctors in the State until such legislation is in place to protect the interests of minor victims and to prevent the accused from evading trial due to the absence of crucial evidence. If a hospital intends to dispose of the foetus, the doctors must obtain written permission from the investigating officer or the District Superintendent of Police concerned,” the court said. To a query regarding guidelines in this regard, the prosecutor informed the court that there were no standing rules or laws or guidelines, which would prescribe automatic preservation of foetuses in cases of MTP involving minor victims.

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History of this topic

'To Protect Interest Of Minor Victims, Preserve Evidence': Kerala HC Directs Doctors To Preserve Foetuses After Performing Abortion On Minors
Trending News
3 weeks, 3 days ago

'To Protect Interest Of Minor Victims, Preserve Evidence': Kerala HC Directs Doctors To Preserve Foetuses After Performing Abortion On Minors

Live Law  

The Kerala High Court has given a direction to the Director of the State Health Department to inform all doctors of the State to preserve the fetus of minor victims and to get written permission from the Investigating Officer/ District Police Superintendent in order to destroy it. “.in order to protect the interest of the minor victims and to avoid …

Kerala HC directs mandatory preservation of foetus in MTP case involving POCSO victims
3 weeks, 3 days ago

Kerala HC directs mandatory preservation of foetus in MTP case involving POCSO victims

New Indian Express  

According to the petitioner, he reported the matter to the police on April 13, 2021. However, the police sent a letter to the hospital only on April 16, 2021, informing that if the MTP of the victim was carried out, the fetus was to be preserved for DNA examination. The petitioner reported the crime without much delay, but he did …

Bombay High Court allows woman to terminate 25-week pregnancy at private hospital
1 month ago

Bombay High Court allows woman to terminate 25-week pregnancy at private hospital

India Today  

The Bombay High Court government on Thursday permitted a 35-year-old woman to terminate her 25-week-old pregnancy at a private hospital of her choice despite certain technicalities in the Medical Termination of Pregnancy rules that prevents private institutions from performing such procedures for pregnancies beyond 24 weeks. The woman wanted to undergo the procedure at her chosen private hospital in the …

Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
3 months, 3 weeks ago

Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor

Live Law  

While permitting a 16-year-old school going girl to terminate her over 26-week-pregnancy, the Kerala High Court said that the mental trauma undergone by the minor girl who had been stated to be subjected to "repeated sexual assault", cannot be an irrelevant consideration. The court further noted that the medical board's report submitted before the single judge already confirmed that the …

'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
10 months ago

'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination

ABP News  

The Supreme Court on Wednesday refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order refusing …

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
10 months ago

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live

The Hindu  

The Supreme Court on May 15 refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order …

Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
10 months ago

Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination

India TV News  

The Supreme Court declined to entertain the plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy. The bench, headed by Justice B R Gavai, cited the foetus's fundamental right to life as it passed the order during the hearing challenging the Delhi High Court's May 3 ruling, which also refused termination of the pregnancy. High Court …

Kerala HC allows termination of 27-week pregnancy
10 months, 1 week ago

Kerala HC allows termination of 27-week pregnancy

The Hindu  

The Kerala High Court has allowed a woman to medically terminate her 27-week pregnancy in view of a medical board report that the foetus has substantial abnormalities. However, the hospital authorities told them that as the gestational age of the foetus was over 25 weeks, termination of pregnancy could be done only after obtaining orders from the court. Multiple congenital …

Legally speaking | The right to abort, in light of different judgements
1 year, 1 month ago

Legally speaking | The right to abort, in light of different judgements

Hindustan Times  

Every few months, the constitutional courts deliver judgements pertaining to abortion and the legal framework surrounding it. Later, a larger three-judge bench of the Supreme Court headed by the Chief Justice of India, did not permit the termination of pregnancy beyond 24 weeks since there was no substantial foetus abnormality diagnosed by the medical board that examined the woman. This …

'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
1 year, 2 months ago

'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother

Live Law  

The Kerala High Court has refused permission to medically terminate the pregnancy of a 12-year-old minor girl who was allegedly in an incestual relationship with her minor brother. This shall also be ensured by the competent Authorities.” In this case, the parents approached the Court seeking medical termination of pregnancy of their 12-year-old minor girl who was allegedly in an …

Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC
1 year, 2 months ago

Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC

Live Law  

The Kerala High Court has made it clear that medical termination of pregnancy can only be sought when the competent medical board has diagnosed substantial foetal abnormalities. “Statutorily, under the mandate of Section 3 of the Medical Termination of Pregnancy Act, 1971, it is only in cases where the foetus has substantial abnormalities diagnosed by the competent Medical Board, can …

Kerala HC rejects plea to abort 30-week pregnancy of minor rape survivor
1 year, 3 months ago

Kerala HC rejects plea to abort 30-week pregnancy of minor rape survivor

New Indian Express  

"Apodictically, this is not a case where the victim child's health is a risk on account of the pregnancy; nor are there any lethal foetal abnormalities detected. "That said, no doubt, the child is still very young - just 13 to 14 years in age, and what happened to her is certainly statutory rape," the Court clarified. "This Court is …

Termination of Pregnancy Case: What is the MTP Act and Court Rulings on Abortion So Far
1 year, 5 months ago

Termination of Pregnancy Case: What is the MTP Act and Court Rulings on Abortion So Far

News 18  

A day after allowing a woman to terminate her 25-week-old pregnancy, the Supreme Court on Thursday asked All India Institute of Medical Sciences authorities to put it on hold. The petitioner sought permission to terminate her pregnancy in terms of Section 3 of the Medical Termination of Pregnancy Act 19712 and Rule 3B of the Medical Termination of Pregnancy Rules. …

Supreme Court defers abortion a day after allowing woman to terminate pregnancy
1 year, 5 months ago

Supreme Court defers abortion a day after allowing woman to terminate pregnancy

India Today  

The Supreme Court directed doctors at AIIMS Delhi to defer the medical termination of a 26-week pregnancy of a married woman who was granted permission to abort the foetus a day before by another bench. The permission to abort was withdrawn on Tuesday after Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the court that the permission contradicted …

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
2 years, 1 month ago

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks

The Hindu  

In a significant judgment allowing a minor rape victim to terminate her 25-week pregnancy, the Delhi High Court has also issued guidelines for investigating officers in all cases where a victim is pregnant due to sexual assault, and the pregnancy has crossed 24 weeks. “In case a minor victim is examined by such Board, appropriate report will be placed before …

Are We Only Looking At A Society With Just Perfect Children? Delhi High Court On Ethical Concerns In MTP Cases With Fetal Abnormalities
2 years, 3 months ago

Are We Only Looking At A Society With Just Perfect Children? Delhi High Court On Ethical Concerns In MTP Cases With Fetal Abnormalities

Live Law  

Hearing a plea moved by a 26-year-old married woman seeking medical termination of her foetus of over 33 weeks suffering from cerebral abnormalities, the Delhi High Court on Monday contemplated over "ethical concerns" in similar cases seeking medical termination of pregnancy with fetal abnormalities. The report was submitted to the court in the evening stating that the medical board had …

Delhi High Court Directs LNJP Hospital To Examine 26-Yr-Old Married Woman's Request For Termination Of 33 Weeks-Old Pregnancy
2 years, 3 months ago

Delhi High Court Directs LNJP Hospital To Examine 26-Yr-Old Married Woman's Request For Termination Of 33 Weeks-Old Pregnancy

Live Law  

The Delhi High Court on Friday directed the medical board of Lok Nayak Jai Prakash Narayan Hospital to examine a 26-year-old married woman's case for termination of pregnancy of 33 weeks, as the foetus suffers from cerebral abnormalities.Justice Pratibha M Singh sought a report from the hospital, while listing the matter for hearing next on December 5. The Delhi High …

Kerala HC Aids Minor Rape Victim, Allows Medical Termination of 28-week Pregnancy
2 years, 6 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 …

Explained | What do Indian laws say about Abortion?
2 years, 8 months ago

Explained | What do Indian laws say about Abortion?

The Hindu  

The story so far: In a significant step backwards for women’s rights in the U.S., the Supreme Court overturned the landmark Roe v. Wade judgement of 1973, which gave women in America the right to have an abortion before the foetus is viable outside the womb or before the 24-28 week mark. The 2021 Act increased the upper limit of …

Kerala HC Allows Medical Termination of Pregnancy of 10-year Old Rape Victim
3 years ago

Kerala HC Allows Medical Termination of Pregnancy of 10-year Old Rape Victim

News 18  

Coming to the aid of a 10-year old girl who is over 30 weeks pregnant after being sexually abused, allegedly by her father, the Kerala High Court on Thursday permitted medical termination of her pregnancy by a Hospital in Thiruvananthapuram. Since a medical board, constituted to examine the victim, had opined that there was an 80 per cent chance of …

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

Kerala high court allows minor rape survivor to medically terminate pregnancy
3 years, 5 months ago

Kerala high court allows minor rape survivor to medically terminate pregnancy

Hindustan Times  

The Kerala High Court on Wednesday allowed another minor rape survivor to medically terminate her pregnancy, which was a result of a sexual assault on her, a the third such order passed by the court in the last week. During the hearing of a POCSO Act case about two months back, the Kerala High Court had expressed concern over the …

An Unborn Child Has A Life Of Its Own: Kerala High Court Dismisses Plea Seeking Termination Of 31 Week Pregnancy
3 years, 6 months ago

An Unborn Child Has A Life Of Its Own: Kerala High Court Dismisses Plea Seeking Termination Of 31 Week Pregnancy

Live Law  

The Kerala High Court recently held that when a Medical Board opines that the termination of pregnancy may result in a live baby and that the foetal abnormalities diagnosed are not lethal, in the absence of any threat to the mother's life or health, her reproductive choice will have to give way to the right of the unborn to be …

Cannot Take Away Freedom To Choose: Kerala High Court Allows Medical Termination Of 22 Weeks Old Pregnancy
3 years, 6 months ago

Cannot Take Away Freedom To Choose: Kerala High Court Allows Medical Termination Of 22 Weeks Old Pregnancy

Live Law  

The Kerala High Court recently ruled that the freedom of a pregnant woman to make a choice regarding the continuance of her pregnancy cannot be taken away. Justice PB Suresh Kumar allowed such termination despite it having crossed the ceiling of 20-weeks as prescribed under the Medical Termination of Pregnancy Act, after examining a medical report evidencing that the mother …

A small step: The Hindu Editorial on medical termination of pregnancy law amendments
3 years, 11 months ago

A small step: The Hindu Editorial on medical termination of pregnancy law amendments

The Hindu  

Emancipation is seldom a linear progression to the finish; the hurdles are many, some entrenched in the mind. The passing of amendments to the Medical Termination of Pregnancy Act in India recently is a step forward in recognising the rights of women, but is no giant leap. It does push the envelope way past how far the now antediluvian MTP …

2021 Amendments To Medical Termination Of Pregnancy Act Increasing Upper Limit For Legal Abortions Are Of 'Enormous Significance': Delhi High Court
3 years, 11 months ago

2021 Amendments To Medical Termination Of Pregnancy Act Increasing Upper Limit For Legal Abortions Are Of 'Enormous Significance': Delhi High Court

Live Law  

The Delhi High Court on Tuesday observed that the changes brought by the recently notified Medical Termination of Pregnancy Act, 2021 are of enormous significance and are in line with the decisions of the Supreme Court and various High Courts wherein termination of pregnancy was permitted beyond the 24 weeks period in case of serious foetal abnormalities. In this backdrop, …

'If Foetus Is Given A Choice It Would Definitely Proclaim That It Doesn't Wish To Be Born': Madras HC Allows 15 Yr-Old Girl To Terminate Pregnancy
4 years, 1 month ago

'If Foetus Is Given A Choice It Would Definitely Proclaim That It Doesn't Wish To Be Born': Madras HC Allows 15 Yr-Old Girl To Terminate Pregnancy

Live Law  

The Madras High Court last month permitted the termination of pregnancy of a 15-year-old girl from Virudhunagar district while underlining that if a choice is given to the foetus now in the womb of the minor, it would definitely proclaim that it would not wish to be born. Considering the urgency of the matter, the Court ordered notice to the …

Kerala High Court Allows Medical Termination Of 26 Weeks Pregnancy Of Minor Rape Victim
4 years, 2 months ago

Kerala High Court Allows Medical Termination Of 26 Weeks Pregnancy Of Minor Rape Victim

Live Law  

Kerala High Court on Monday allowed for the medical termination of a 26 weeks pregnant minor rape victim. T The court also relied on a host of precedents of A V. Union of India: 4 SCC 75; Sarmishtha Chakrabortty v. Union of India: 13 SCC 339; among others, where the Apex Court stepped in for the safety of the woman …

Kerala High Court Dismisses Couple's Plea To Abort 35 Weeks Pregnancy Due To Serious Abnormalities In Foetus
4 years, 2 months ago

Kerala High Court Dismisses Couple's Plea To Abort 35 Weeks Pregnancy Due To Serious Abnormalities In Foetus

Live Law  

The Kerala High Court on Wednesday dismissed a plea filed by a married couple seeking permission for carrying out medical termination of pregnancy at a gestational age of 35 weeks. Petitioners' plea Pointing out serious abnormalities in the foetus, the Petitioners approached the Court seeking permission for carrying out medical termination of pregnancy at a gestational age of 34 weeks. …

Doctor Can Medically Terminate Pregnancy Exceeding 20 Weeks Without HC's Permission If Mother's Life Is In Danger: Bombay HC [Read Judgment]
5 years, 11 months ago

Doctor Can Medically Terminate Pregnancy Exceeding 20 Weeks Without HC's Permission If Mother's Life Is In Danger: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday passed landmark directions after hearing three petitions filed by women seeking permission to medically terminate their pregnancy. Division bench of Justice AS Oka and Justice MS Sonak held that a registered medical practitioner may medically terminate pregnancy which has exceeded 20 weeks, without permission from the High Court, only when he is of the …

Supreme Court allows two minor rape victims to abort foetuses as medical boards permit termination
7 years, 5 months ago

Supreme Court allows two minor rape victims to abort foetuses as medical boards permit termination

Firstpost  

The Supreme Court Thursday allowed two minor rape victims from Delhi and Bengaluru to abort their foetus while observing that the medical boards have said termination of pregnancy was permissible in these two cases New Delhi: The Supreme Court Thursday allowed two minor rape victims from Delhi and Bengaluru to abort their foetus while observing that the medical boards have …

Supreme Court allows 13-year-old rape survivor to abort her pregnancy
7 years, 6 months ago

Supreme Court allows 13-year-old rape survivor to abort her pregnancy

Live Mint  

New Delhi: The Supreme Court on Wednesday allowed a 13-year-old rape survivor to terminate her 32-week-old pregnancy after taking note of the medical report and the “trauma of sexual abuse” suffered by her. A bench headed by chief justice Dipak Misra directed that the medical procedure should be conducted on the girl at the earliest, preferably on 8 September, after …

Supreme Court sets up medical board to examine rape survivor seeking permission for abortion
7 years, 6 months ago

Supreme Court sets up medical board to examine rape survivor seeking permission for abortion

Firstpost  

The Supreme Court on Monday set up a medical board to examine the condition of a 13-year-old rape survivor who is seeking permission to abort her 30-week-old foetus. New Delhi: The Supreme Court on Monday set up a medical board to examine the condition of a 13-year-old rape survivor who is seeking permission to abort her 30-week-old foetus. A bench …

As early as possible and as late as necessary
7 years, 7 months ago

As early as possible and as late as necessary

Hindustan Times  

The case of the ten-year-old child who is pregnant because of rape is a tragedy. From studies of teenagers versus adults undergoing childbirth, we know that teens are at higher risk for many problems during pregnancy, including eclampsia, infection, preterm birth, intrauterine growth restriction, and maternal death. A day after this case from Chandigarh, there was a similar case of …

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