'Woman Has Right Not To Carry Pregnancy, Subject To Restrictions': Telangana High Court Permits Rape Victim To Terminate 26 Weeks Old Foetus
2 years, 11 months ago

'Woman Has Right Not To Carry Pregnancy, Subject To Restrictions': Telangana High Court Permits Rape Victim To Terminate 26 Weeks Old Foetus

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The Telangana High Court in a recent judgment laid down that the life of the foetus or to be born child cannot be placed at higher pedestal than that of the life of the woman. The court observed that Constitutional Courts have the power under writ jurisdiction to direct termination of pregnancy, even when the length of pregnancy is beyond the statutory limit of twenty-four weeks as per the Medical Termination of Pregnancy Act, 2021. As per the Medical Termination of Pregnancy Act, 2021, the upper limit for medical termination of pregnancy is 24 weeks as opposed to 20 weeks which was the position before the amendment. The Court's ruling The court relied upon the decision in xxx v. Union of India, 2021 SCC OnLine Ker 808, in which the High Court of Kerala allowed the termination of pregnancy even when the period of gestation had reached 26 weeks taking into account the traumatic experience of the victim and the possible genetic disorders of the unborn child. The dignity, self-respect, healthy living are facets of right to life and personal liberty enshrined under Article 21 of the Constitution of India, which also include right of a woman to make a choice of pregnancy and terminate pregnancy, in case, where pregnancy is caused by rape or sexual abuse or for that matter unplanned pregnancy, subject to reasonable restrictions under law."

History of this topic

Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy
1 week, 1 day ago
Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
1 week, 2 days ago
In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped
2 weeks, 1 day ago
No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
2 weeks, 1 day ago
Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
1 month ago
Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
1 month, 1 week ago
HC allows 28-week pregnant woman awaiting divorce to abort foetus
4 months ago
Woman’s decision to continue pregnancy or choose termination: HC
4 months, 4 weeks ago
Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why
5 months, 2 weeks ago
MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
6 months ago
MP HC Allows Termination of Teen's Pregnancy, Directs Preservation of Foetus
6 months ago
Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
6 months, 2 weeks ago
SC Rejects Plea Seeking Permission to Terminate Over 25-week Pregnancy
6 months, 3 weeks ago
MP high court allows medical termination of pregnancy of minor rape survivor
7 months ago
'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
7 months, 1 week ago
Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
7 months, 1 week ago
SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
7 months, 1 week ago
Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
7 months, 1 week ago
'Healthy And Viable Foetus': Delhi High Court Rejects 20-Yr-Old Unmarried Woman's Plea To Terminate 27 Weeks Pregnancy
7 months, 2 weeks ago
Kerala HC allows termination of 27-week pregnancy
7 months, 2 weeks ago
India’s top court allows 14-year-old rape survivor to abort at 30 weeks to ‘protect her mental well-being’
8 months ago
SC Allows Abortion for 30-Week Pregnant Minor Rape Victim, Understanding Medical Termination of Pregnancy Act
8 months ago
SC allows 14-year-old pregnant rape survivor to undergo abortion
8 months ago
SC orders medical examination of minor rape survivor seeking termination of 28-week pregnancy
8 months ago
'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim
8 months, 3 weeks ago
Calcutta High Court pulls up doctors for terminating rape victim's pregnancy
10 months, 3 weeks ago
Legally speaking | The right to abort, in light of different judgements
10 months, 3 weeks ago
'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
11 months, 3 weeks ago
Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
1 year ago
Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy
1 year ago
Medical Termination of Pregnancy | Delhi High Court Permits Woman To Terminate Pregnancy After Expiry Of Period Prescribed Under MTP Act
1 year ago
Gujarat High Court allows termination of minor rape survivor's 27-week pregnancy
1 year, 1 month ago
Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life
1 year, 2 months ago
Supreme Court refuses to permit married woman to terminate her over 26-week pregnancy
1 year, 2 months ago
Termination of Pregnancy Case: What is the MTP Act and Court Rulings on Abortion So Far
1 year, 2 months ago
Supreme Court defers abortion a day after allowing woman to terminate pregnancy
1 year, 2 months ago
'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy
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
Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy
1 year, 3 months ago
13-Year-Old Rape-Survivor’s Desertion By Parents Unfortunate, Duty Of Society At Large To Provide Adequate Care: Calcutta High Court
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
Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 5 months ago
Bombay HC rejects petition by 15-year-old rape survivor to abort 28-week pregnancy
1 year, 5 months ago
Bombay HC Refuses Permission to 15-Year-Old Rape Victim to Abort Pregnancy at 28 Weeks
1 year, 5 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

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