Bombay HC allows 18-year-old to abort, says continuance of pregnancy may injure woman's health
3 years, 3 months ago

Bombay HC allows 18-year-old to abort, says continuance of pregnancy may injure woman's health

India Today  

Despite a report from the medical board that there is no mental or medical reasons warranting termination of pregnancy, the Bombay High Court allowed an 18-year-old girl to terminate an unwanted pregnancy. The court held that further continuation of pregnancy would adversely affect the girl's mental health. During an earlier hearing, the bench had directed the Grant Government Medical College and Sir J J Group of Hospitals, Mumbai to constitute a medical board for examination of the girl, including the status of her mental health due to her pregnancy and thereafter to submit a report. The Court also inferred the legislature had consciously used the word ‘mental health’ instead of mental illness in the medical termination of the Pregnancy Act.

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History of this topic

Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy
Trending News
3 days, 6 hours ago

Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy

Live Law  

The Bombay High Court on Friday pulled up a sexagenarian couple, who moved the court seeking permission for aborting the 20-week pregnancy of their adopted daughter, whom they claimed is "mentally unstable." And now you cannot say she is violent and uncontrollable and you can't look after her," Justice Ghuge orally told the counsel representing the parents. Additional Government Pleader …

MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape
1 week ago

MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape

Deccan Chronicle  

Bhopal: The Madhya Pradesh high court has allowed a minor rape survivor to terminate her 32-week pregnancy citing her unwillingness to continue with it. A single bench of the court headed by Justice Avanindra Kumar Singh has taken note of the psychological trauma and medical implications for the minor while permitting the 16-year-old girl to medically terminate her 32-week pregnancy …

Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
1 month, 2 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 …

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
1 month, 4 weeks ago

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy

Live Law  

While permitting a 16-year-old alleged rape survivor to terminate her over 24 week pregnancy, the Gujarat High Court last week issued guidelines for registered medical practitioner/medical board to follow while forming their opinion on termination of pregnancy focussing on physical and emotional well-being of the pregnant person. A single judge bench of Justice Sanjeev J Thaker, in its November 8 …

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
4 months ago

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners

Live Law  

The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners. The Bombay High Court last week expressed 'disturbance' over the predicament of young women, …

Bombay High Court upholds teenager’s right to reproductive freedom
4 months ago

Bombay High Court upholds teenager’s right to reproductive freedom

The Hindu  

The Bombay High Court on Thursday permitted a 17-year-old sexual abuse survivor to continue her pregnancy noting that it was conscious of her reproductive freedom and right to choice. Supporting the teenager girl’s change of decision who initially was seeking for an abortion and later decided to carry the pregnancy with an intention to marry the person who she had …

Mental health risk: Delhi HC allows woman to abort 22-week foetus
4 months, 2 weeks ago

Mental health risk: Delhi HC allows woman to abort 22-week foetus

Hindustan Times  

The Delhi high court has permitted a 27-year-old woman to abort her 22-week foetus, on the grounds that the continuation of her pregnancy posed a risk to her mental well-being. “The court is of the opinion that the continuation of the ongoing pregnancy of the petitioner poses a risk to her mental well-being considering the reasonably foreseeable environment for both …

Calcutta High Court pulls up doctors for terminating rape victim's pregnancy
11 months ago

Calcutta High Court pulls up doctors for terminating rape victim's pregnancy

India Today  

Expressing displeasure at the medical termination of the pregnancy of a rape victim by a team of doctors, the Calcutta High Court sought an explanation from them as to why it was done despite an order to only form a medical board for ascertaining the pros and cons of doing so. Observing that such action on the part of the …

Delhi high court recalls Jan 4 order allowing termination of widow’s pregnancy
11 months, 2 weeks ago

Delhi high court recalls Jan 4 order allowing termination of widow’s pregnancy

Hindustan Times  

The Delhi high court on Tuesday recalled a January 4 order allowing the termination of a 23-year-old widow’s 29-week pregnancy over mental health issues following her husband’s death. In its January 12 report, AIIMS said that preterm induction of labour had a high chance of failure, which may lead to caesarean section and have serious implications on the woman’s future …

'Find Out Condition Of Foetus': SC Tells AIIMS On Aborting 26-Week-Old Pregnancy
1 year, 2 months ago

'Find Out Condition Of Foetus': SC Tells AIIMS On Aborting 26-Week-Old Pregnancy

The Quint  

A three-judge bench of the Supreme Court, hearing an abortion plea for a 26-week old pregnancy on Friday, 13 October, has asked the All India Institute of Medical Sciences to submit a report on the foetus' and the pregnant woman's by Monday, 16 October. The apex court asked AIIMS to study: if the "foetus is suffering from any substantial abnormality" …

Indian court to rule on landmark case of depressed woman who wants 26-week abortion
1 year, 2 months ago

Indian court to rule on landmark case of depressed woman who wants 26-week abortion

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A woman in India has …

Bombay HC Refuses Permission to 15-Year-Old Rape Victim to Abort Pregnancy at 28 Weeks
1 year, 6 months ago

Bombay HC Refuses Permission to 15-Year-Old Rape Victim to Abort Pregnancy at 28 Weeks

News 18  

Mumbai: The Aurangabad bench of the Bombay High Court has refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. A division bench of Justices R V Ghuge and Y G Khobragade in its order of June 20 said …

Gujarat High Court Allows Termination Of 20 Week-Old Pregnancy Of Minor Rape Victim
1 year, 7 months ago

Gujarat High Court Allows Termination Of 20 Week-Old Pregnancy Of Minor Rape Victim

Live Law  

The Gujarat High Court has allowed the termination of over 20 weeks-old pregnancy of a minor rape victim and said the medical procedure be undertaken at the earliest possible time considering the mental and physical health of the 17 years and 2 months old victim girl. The panel said that the risk of complications from medical termination of pregnancy for …

Bombay High Court allows rape survivor to terminate her pregnancy of 23 weeks
1 year, 7 months ago

Bombay High Court allows rape survivor to terminate her pregnancy of 23 weeks

India Today  

The case pertains to a woman who was married in 2018 and has a child. READ | Bombay HC orders medical board to examine 14-yr-old girl's pregnancy after rape by uncle The petitioner also asked her mother to mediate. The vacation bench of Justices Abhay Ahuja and Milind Sathaye observed, “Forcing the petitioner to continue with the pregnancy would be …

Calcutta HC Denies Permission To 12-yr-old Rape Survivor to Terminate Pregnancy at Risk of ‘Maternal Death’
1 year, 9 months ago

Calcutta HC Denies Permission To 12-yr-old Rape Survivor to Terminate Pregnancy at Risk of ‘Maternal Death’

News 18  

The Calcutta High Court on Wednesday denied permission to a 12-year-old rape survivor to terminate her pregnancy on grounds that complications may lead to her death. A single judge bench of Justice Aniruddha Roy said this age of gestation carried risk of massive complications that could also lead to maternal death. The mother’s plea sought termination of pregnancy under the …

12-Yr-Old Girl Denied Permission To Terminate 25 Weeks Old Twin-Fetuses, Calcutta High Court Relies On Medical Report Citing Risk Of Maternal Death
1 year, 9 months ago

12-Yr-Old Girl Denied Permission To Terminate 25 Weeks Old Twin-Fetuses, Calcutta High Court Relies On Medical Report Citing Risk Of Maternal Death

Live Law  

“ However, in the light of the said report furnished by the Medical Board dated April 4, 2023 as quoted above, one crucial factor is there, of which this Court cannot be unmindful, that the termination of pregnancy at this stage of gestation may carry a risk even to the extent of maternal death. ” The Calcutta High Court on …

'Each Day's Delay Will Add To Victim's Agony': Kerala High Court Permits Minor To Terminate Pregnancy Of 26 Weeks
2 years ago

'Each Day's Delay Will Add To Victim's Agony': Kerala High Court Permits Minor To Terminate Pregnancy Of 26 Weeks

Live Law  

The Kerala High Court on Monday allowed a minor rape victim to terminate her 26-week pregnancy. In view of the Medical Board's opinion, and considering the mental status of the victim, I am inclined to allow the prayer for medical termination of the pregnancy", the Court observed. The board in its report said continuation of pregnancy can seriously affect the …

Bombay HC orders medical board to examine 14-yr-old girl's pregnancy after rape by uncle
2 years, 2 months ago

Bombay HC orders medical board to examine 14-yr-old girl's pregnancy after rape by uncle

India Today  

The Bombay High Court has directed the setting up of a medical board of the government-run JJ Hospital to examine a 14-year-old rape survivor seeking to terminate her 26-week pregnancy. Under the provisions of the Medical Termination of Pregnancy Act, termination of pregnancy post the 20-week period is not permissible unless permission is taken from the high court. The victim …

Bombay High Court Refuses Mentally Challenged Rape Victim To Terminate 35-Week Pregnancy Citing Health Risk
2 years, 5 months ago

Bombay High Court Refuses Mentally Challenged Rape Victim To Terminate 35-Week Pregnancy Citing Health Risk

Live Law  

The Bombay High Court has refused to allow a mentally challenged rape victim to terminate her 35-week pregnancy after a board of medical experts opined it was a high risk to maternal health. A division bench of Justices Gangapurwala and AS Doctor said that the court would be guided by the report of the Expert Committee, but since the pregnancy …

Bombay HC rejects plea for abortion at 31 weeks, cites deformity due to premature birth
2 years, 5 months ago

Bombay HC rejects plea for abortion at 31 weeks, cites deformity due to premature birth

India Today  

The Bombay High Court has rejected a woman’s plea to abort a 31-week pregnancy, citing deformity due to premature birth. The bench of Justices SV Gangapurwala and MJ Jamdar of the Bombay HC, after hearing two Medical Termination of Pregnancy matters, allowed one woman to terminate and the other was rejected permission. While refusing to allow a woman to abort, …

Can't Force Rape Victim To Mother A Child: Bombay High Court Allows Termination Of Minor's 16 Week Pregnancy
2 years, 6 months ago

Can't Force Rape Victim To Mother A Child: Bombay High Court Allows Termination Of Minor's 16 Week Pregnancy

Live Law  

The Bombay High Court recently allowed the termination of a 16 weeks' pregnancy of a minor who was a victim of sexual abuse and was also in custody at an Observation Home for a crime of murder under section 302 of the Indian Penal Code. The bench noted that Section 3 of the Medical Termination of Pregnancy Act, 1971 provides …

Calcutta High Court Allows Medical Termination Of Approx 35 Weeks Old Foetus
2 years, 10 months ago

Calcutta High Court Allows Medical Termination Of Approx 35 Weeks Old Foetus

Live Law  

In a significant development, the Calcutta High Court on Thursday allowed termination of 34 weeks 6 days old foetus of a woman after taking into consideration that there are remote chances of the child surviving or leading a normal life. The Court also underscored that there are risks to the health of both the mother and the child if medical …

In Rare Move, Bombay HC Allows Medical Termination for 26-Week Pregnant Teen
3 years, 3 months ago

In Rare Move, Bombay HC Allows Medical Termination for 26-Week Pregnant Teen

News 18  

In a rare judgment, the Bombay High Court allowed an 18-year-old girl’s plea for medical termination of her 26-week pregnancy considering her socio-economic status. In an order passed on Wednesday, a bench of Justices Ujjal Bhuyan and Madhav Jamdar permitted the petitioner to medically terminate her pregnancy, after holding that in deciding the impact of the pregnancy on the woman’s …

Rape survivor can terminate 29-week pregnancy: Bombay high court
3 years, 3 months ago

Rape survivor can terminate 29-week pregnancy: Bombay high court

Hindustan Times  

The Bombay high court recently permitted a minor rape survivor to terminate a 29-week pregnancy even though there were no anomalies in the foetus. The decision came after the medical experts’ panel appointed by HC observed in its post-examination report that the minor was “anguished” by the pregnancy and the continuation of the same could impact her mental health. The …

Domestic violence ground for pregnancy termination, says HC; allows woman to abort 23-week-old foetus
3 years, 4 months ago

Domestic violence ground for pregnancy termination, says HC; allows woman to abort 23-week-old foetus

India TV News  

The Bombay High Court has allowed a woman to abort her 23-week-old healthy foetus, while observing that domestic violence has an effect on a woman's mental health and the same can be a valid ground for medically terminating her pregnancy. However, various apellatte courts as well as the Bombay HC have batted for women's mental health on several previous occasions …

Extremely Burdensome, Can Cause Grave Injury To Mental Health: Bombay High Court Allows Domestic Violence Victim To Terminate Pregnancy
3 years, 4 months ago

Extremely Burdensome, Can Cause Grave Injury To Mental Health: Bombay High Court Allows Domestic Violence Victim To Terminate Pregnancy

Live Law  

The Bombay High Court recently granted liberty to a woman to undergo medical termination of her pregnancy, who was alleged suffering from domestic violence repeatedly.The Court in its decision noted that the petitioner woman had filed a police complaint against violence meted out to her by her husband, besides lodging complaint before the competent magistrate under the provisions of. Court's …

Not Permitting Mentally Challenged Rape Victim To Undergo Medical Termination Of Unwarranted Pregnancy Violative Of Her Bodily Integrity: MP HC
3 years, 5 months ago

Not Permitting Mentally Challenged Rape Victim To Undergo Medical Termination Of Unwarranted Pregnancy Violative Of Her Bodily Integrity: MP HC

Live Law  

The Madhya Pradesh High Court has recently observed that not permitting a rape victim, suffering from severe mental problems, to undergo Medical Termination of unwarranted pregnancy would be violative of her bodily integrity.Allowing medical termination of pregnancy of 23 year old rape victim survivor whose mental age was found to be that of a minor, being only 6 years, a …

Bombay High Court Allows Termination Of 23-Week Pregnancy For 16 Year Old Sexual Assault Survivor
3 years, 7 months ago

Bombay High Court Allows Termination Of 23-Week Pregnancy For 16 Year Old Sexual Assault Survivor

Live Law  

On Tuesday, the Bombay High Court allowed a 16-year-old survivor of sexual assault to terminate her 23-week-old pregnancy. The Court referred a decision of a Division Bench of the Bombay High Court that had considered Sections 3, 4, and 5 of the Medical Termination of Pregnancy Act and how medical terminations of pregnancy could be permitted even after the statutory …

High Court Allows Mentally Challenged Rape Victim to Terminate 23 Week-old Pregnancy in Nagpur
3 years, 10 months ago

High Court Allows Mentally Challenged Rape Victim to Terminate 23 Week-old Pregnancy in Nagpur

News 18  

The Nagpur bench of the Bombay High Court on Friday permitted medical termination of a mentally challenged rape victim’s 23-week pregnancy. A division bench of Justices Sunil Shukre and Avinash Gharote, after perusing a medical committee’s report, opined that the pregnancy should be terminated considering the circumstances of the case. Provisions of the Medical Termination of Pregnancy Act permit one …

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

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, 9 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 …

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