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Medical Termination of Pregnancy Act, 1971

26 judgments · newest first · showing 1–26

X Y ZversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANR

DISPOSED OFF

A 17-year‑old minor, a victim of rape, filed a writ petition under Article 226 seeking termination of her 27‑week pregnancy. The medical board, after examination, recommended termination via intra‑cardiac KCl injection, noting the fetus would be non‑viable. The Court, relying on constitutional …

MANDAR SURESH MALIversusSTATE OF MAHARASHTRA

Allowed

The Bombay High Court considered an anticipatory bail application filed by Mandar Suresh Mali, accused No.4 in a case alleging illegal prenatal sex determination and medical termination of pregnancy under the PC‑PNDT Act, the Bharatiya Nyaya Sanhita and the Medical Termination of Pregnancy Act. The …

X (MINOR VICTIM)versusSTATE OF UTTAR PRADESH AND 3 OTHERS

The petition was filed by a minor victim of sexual assault who was approximately 13-16 years old and pregnant at about 29 weeks, seeking a medical termination of pregnancy under the Medical Termination of Pregnancy Act, 1971. The High Court directed the Chief Medical Superintendent to admit the …

XYZversusTHE STATE OF MAHARASHTRA THRU PHD AND ORS

Disposed Off

The Bombay High Court considered a writ petition filed by a minor girl seeking termination of a pregnancy of approximately 29 weeks, after an FIR under the POCSO Act and the BNSS was lodged. A medical board from Sir J.J. Group of Hospitals submitted a report indicating that while the fetus could …

XYZ MINOR THROUGH SAVITABEN W/O MITHARAM RENGARversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

The Court entertained a petition filed under Article 226 of the Constitution, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Medical Termination of Pregnancy Act, 1971, on behalf of a 17‑year‑old rape victim who was pregnant at about 16‑26 weeks. After a medical examination, a …

XYZ THRO KAMUBEN W/O DEVABHAI SAVABHAI MARUversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

The Court considered an application filed by a 17‑year‑7‑month‑old rape victim seeking termination of her 24‑week pregnancy under Articles 226, 227 of the Constitution, Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 and the Medical Termination of Pregnancy Act, 1971. A medical board …

ABC MINOR THRO RAJENDRAKUMAR PRABHUDAS PATELversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

The petitioner, a 16‑year‑old rape victim, sought a direction under Articles 226/227 of the Constitution, the Bharatiya Nagrik Suraksha Sanhita and the Medical Termination of Pregnancy Act to terminate her 25‑week pregnancy. The High Court earlier ordered a medical committee to examine her, which …

A (MOTHER OF X)versusSTATE OF MAHARASHTRA & ANR.

2024 INSC 371Disposed off

A 14‑year‑old girl, X, who alleged sexual assault, became pregnant and sought termination of her pregnancy beyond the statutory 24‑week limit. The High Court denied the request, relying on a clarificatory opinion of a medical board that did not assess the impact on X's physical and mental health. …

INDRAKUNWARversusTHE STATE OF CHHATTISGARH

2023 INSC 934Appeal(s) allowed

Indrakunwar was convicted under Section 302 IPC for allegedly killing a newborn child she was said to have delivered and then thrown into a pond. The prosecution’s case rested on circumstantial evidence and the accused's statement under Section 313 CrPC, but failed to establish any relationship …

XversusM/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. & ORS.

2023 INSC 919Disposed off

The petitioner, a 27‑year‑old mother of two, filed a writ petition under Article 32 seeking a medical termination of her pregnancy after discovering she was about 24 weeks pregnant, citing postpartum depression and financial constraints. The Court initially ordered termination, but a doctor from the …

XversusTHE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ANR.

2022 INSC 740Directions issued

The petitioner, an unmarried woman residing in Delhi, discovered she was 22 weeks pregnant after a consensual relationship ended and she lacked livelihood to raise a child. She filed a writ petition seeking permission to terminate the pregnancy under Section 3(2)(b) of the Medical Termination of …

REKHA SENGARversusSTATE OF MADHYA PRADESH

2021 INSC 37Dismissed

The Supreme Court considered a Special Leave Petition filed by Rekha Sengar seeking bail under Section 439 of the CrPC after being charged in a non‑bailable offence under the PC&PNDT Act for alleged prenatal sex determination and sex‑selective abortion. A sting operation led to the seizure of an …

MS. ZversusTHE STATE OF BIHAR AND OTHERS

2017 INSC 756Appeal(s) allowed

Ms. Z, a 35‑year‑old destitute woman with mild mental retardation and HIV‑positive status, alleged that she had been raped and sought termination of her 18‑week pregnancy under the Medical Termination of Pregnancy Act, 1971. The government hospital failed to perform the termination, involving the …

MS. EERA THROUGH DR. MANJULA KRIPPENDORFversusSTATE (GOVT. OF NCT OF DELHI) & ANR.

2017 INSC 658Disposed off

The appeal concerned the interpretation of Section 2(d) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, where the appellant, a mentally retarded adult, argued that "age" should include mental age so that she could be treated as a child. The Court examined the POCSO Act's …

MRS. X AND ORS.versusUNION OF INDIA AND ORS.

2017 INSC 117Appeal(s) allowed

Mrs. X, a 22‑year‑old woman, was about 24 weeks pregnant when a medical board diagnosed her fetus with bilateral renal agenesis and anhydramnios, conditions that rendered the fetus non‑viable and posed a risk to the mother's physical and mental health. She filed a writ petition under Article 32 of …

MEERA SANTOSH PAL AND ORS.versusUNION OF INDIA AND ORS.

2017 INSC 52Appeal(s) allowed

Meera Santosh Pal, a 22‑year‑old woman, petitioned the Supreme Court under Article 32 seeking permission to terminate her 24‑week pregnancy after the fetus was diagnosed with anencephaly, a lethal condition that also endangered her life. A seven‑member Medical Board examined her and concluded that …

VOLUNTARY HEALTH ASSOCIATION OF PUNJABversusUNION OF INDIA & OTHERS

2013 INSC 134Hearing Adjourned

The Voluntary Health Association of Punjab filed a writ petition seeking effective implementation of the Pre‑Conception and Pre‑Natal Diagnostic Techniques (Prohibition of Sex‑Selection) Act, 1994, alleging that many states had failed to enforce its provisions and that sex‑selective abortions …

SUCHITA SRIVASTAVA & ANR.versusCHANDIGARH ADMINISTRATION

2009 INSC 1086Disposed off

The case concerned a 19‑20‑year‑old woman with mild to moderate mental retardation, an orphan residing in a government welfare home, who became pregnant around the 19th week of gestation after an alleged rape. The Chandigarh Administration sought the High Court’s approval to terminate the pregnancy, …

STATE OF PUNJABversusSHIV RAM AND ORS.

2005 INSC 382Appeal(s) allowed

The State of Punjab and a lady surgeon were sued by Shiv Ram and his wife for damages after the wife became pregnant and gave birth despite having undergone a tubectomy in 1984. The trial court and the High Court awarded Rs.50,000, holding the State liable for the failed sterilisation. On appeal, …

SMT. VINITHA ASHOKversusLAKSHMI HOSPITAL AND ORS.

2001 INSC 457Dismissed

The appellant, Vinitha Ashok, filed a consumer complaint alleging medical negligence after losing her uterus during a termination of pregnancy at Lakshmi Hospital. She claimed the doctors performed an unnecessary MTP without ultrasonography, used an improper cervical dilatation device, and failed to …

SURENDRA CHAUHANversusSTATE OF M.P

2000 INSC 150Case Partly allowed

Surendra Chauhan, who had an illicit relationship with a 24‑year‑old woman named Alpana, took her to the clinic of Dr. Ravindra Sharma, an unqualified electro‑homeopathic practitioner, for an abortion. Alpana died during the procedure, and Chauhan later confessed to her mother that he had arranged …