
"Mother Cannot Be Deprived Of Freedom To Take Decision To Continue Or Not Continue With Pregnancy": Delhi HC Allows Termination Of 28 Weeks Foetus
Live LawObserving that reproductive choice is a facet of reproductive rights of a woman and a dimension of her personal liberty, the Delhi High Court allowed termination of 28 weeks foetus of a 33 year old woman. Justice Jyoti Singh also observed that the mother cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy in the backdrop of the foetal abnormalities brought forth in the Medical Opinion of the Board. "As repeatedly held by the Courts, in the judgements referred above, reproductive choice is a facet of reproductive rights of a woman and a dimension of her 'personal liberty', enshrined in Article 21 of the Constitution of India and thus the Petitioner cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy, in the backdrop of the foetal abnormalities brought forth in the Medical Opinion of the Board," the Court said. Examining the legal position pertaining to termination of pregnancy under the amended MTP Act, 1971, the Court opined thus: "It is explicitly clear from a plain reading of the provisions of Section 3 of MTP Act, as amended, that grave injury to 'mental health' of a pregnant woman is a legal ground available to the woman to seek medical termination of pregnancy, with the caveat that the maximum period permissible under the Act, for termination, is 24 weeks."
History of this topic

Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC
Live Law
Can't Force 13-Yr-Old Rape Victim Into Motherhood: Orissa High Court Permits Termination Of 26 Weeks Pregnancy
Live Law
Madhya Pradesh High Court Lays Down SOP For Termination Of Pregnancy Upto & Beyond 24 Weeks In Sexual Assault Cases
Live Law
Orissa HC seeks medical opinion on abortion of rape survivor
New Indian Express
Bombay High Court allows woman to terminate 25-week pregnancy at private hospital
India Today
Woman Has Right To Say 'Yes Or No' To Motherhood: Allahabad HC Orders Medical Board To Examine Minor Sexual Abuse Victim's Pregnancy
Live Law
Minor Girl Has Autonomy To Decide If She Wants To Continue With Pregnancy Or Not: Madras HC Permits Termination Of 28-Week Pregnancy
Live Law
Woman Living Separately Without Divorce Can Terminate Pregnancy Without Husband's Consent: Punjab & Haryana High Court
Live Law
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
MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape
Deccan Chronicle
Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
Live Law
Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy
Live Law
Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
Live Law
In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped
Live Law
No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
Live Law
SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month
Deccan Chronicle
Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
Live Law
CMO, Doctors Often Not Aware Of Procedure In Medical Termination Of Pregnancy Cases: Allahabad HC Directs UP Health Secretary To Issue SOP
Live Law
Mental health risk: Delhi HC allows woman to abort 22-week foetus
Hindustan Times
HC allows 28-week pregnant woman awaiting divorce to abort foetus
Hindustan Times
Woman’s decision to continue pregnancy or choose termination: HC
Hindustan Times
Unbiased opinion must in medical termination of pregnancy cases
New Indian Express
Delhi HC allows woman to medically terminate 30-week pregnancy. Here's why
Hindustan Times
Bombay High Court Permits Woman Diagnosed With Cancer To Terminate 25-Weeks Pregnancy, Says She Has 'Reproductive Freedom'
Live Law
Centre amends rules to allow 6 months maternity leave for staff in case of surrogacy
New Indian Express
Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
Live Law
SC Rejects Plea Seeking Permission to Terminate Over 25-week Pregnancy
News 18
'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
ABP News
'What About Right Of Child In Womb?' : Supreme Court Rejects Plea To Abort 30-Week Pregnancy
Live Law
Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
The Hindu
SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
Hindustan Times
Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
India TV News
'Healthy And Viable Foetus': Delhi High Court Rejects 20-Yr-Old Unmarried Woman's Plea To Terminate 27 Weeks Pregnancy
Live Law
Kerala HC allows termination of 27-week pregnancy
The Hindu
City gynaecologist proposes overhaul of termination of pregnancy act
Hindustan Times
Bombay HC to examine pregnancy termination beyond 24 weeks at private hospitals
Hindustan Times
SC Allows Abortion for 30-Week Pregnant Minor Rape Victim, Understanding Medical Termination of Pregnancy Act
News 18
SC allows 14-year-old pregnant rape survivor to undergo abortion
Hindustan Times
Supreme Court allows 14-year-old rape survivor to abort 30-week pregnancy
India TV News
SC orders medical examination of minor rape survivor seeking termination of 28-week pregnancy
The Hindu
'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim
Live Law
Can A Pregnant Woman Who Initiated Divorce Proceedings Seek Medical Termination Of Pregnancy Alleging Change Of Circumstances: Kerala HC To Consider
Live Law
Calcutta High Court absolves doctor accused of unlawful pregnancy termination
India Today
Calcutta HC Closes Contempt Case Against Doctors Who Terminated Pregnancy Without Court's Orders Upon Being Told Patient Went Into Pre-Term Labour
Live Law
Calcutta High Court pulls up doctors for terminating rape victim's pregnancy
India Today
Legally speaking | The right to abort, in light of different judgements
Hindustan Times
Delhi high court recalls Jan 4 order allowing termination of widow’s pregnancy
Hindustan Times
Kerala HC rejects plea to end 34-week pregnancy of 12-year-old
Hindustan Times
'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
Live Law
Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC
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