HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
Termination of Pregnancy
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; Late MM Lawrence; Thanjavur Schoolgirl Suicide; MK Nasar’s release; and more
A quick legal roundup to cover important stories from all High Courts this week.
MP High Court allows Medical Termination of Pregnancy due to Matrimonial Dispute & Domestic Violence allegation
“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”
MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms
“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”
Kerala High Court sets aside Single Judge order denying termination of a 26-weeks pregnancy for minor rape victim due to absence of psychologist on Medical Board
Kerala High Court instructed the Hospital to preserve all relevant blood samples and tissues to facilitate further medical tests, ensuring that the necessary forensic evidence is available for the ongoing legal proceedings.
Gujarat High Court allows termination of pregnancy of minor rape victim; Issues directions for medical board
The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.
‘Grave danger to mental health by continuation of pregnancy’: Bombay HC permits a 19-year-old woman to terminate twenty-five-week pregnancy
The Court stated that the petitioner was an adult and was entitled to her sovereign decisions for reproductive autonomy, and the views of her parents or of her partner were not relevant.
‘Child born could be a reminder of trauma and agony’; Punjab and Haryana HC allows termination of woman’s pregnancy who was sexually assaulted by her husband
“Such decisions are tough, however, life is not just about being able to breathe rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval ‘is a writing’ on the wall, it compounds agony of the child and leads to greater injustice.”
Termination of pregnancy | Nobody can be allowed to play hide and seek for committing an unborn child’s murder: MP High Court
MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.
MP High Court permits termination of minor rape survivor’s pregnancy despite exceeding 24 weeks gestation
Madhya Pradesh High Court asserted that “permitting for carrying out the pregnancy of a woman who is not in a position to manage herself will be creating great problems to her in future life.”
Right to Abortion | French Senate votes in favour of enshrining Freedom of Women to Voluntarily Terminate Pregnancy in the French Constitution
The aim to enshrine the right to abortion in the French Constitution which gained impetus after SCOTUS overruled Roe v. Wade in 2022 was finally fulfilled with 780 MPs favouring the inclusion.
Know why Kerala High Court refused abortion for minor impregnated by minor brother
The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.
Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society
“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
Calcutta High Court allows termination of 25+ weeks pregnancy of a minor gang-rape survivor
Calcutta High Court commended the cooperation from all parties involved and expressed well wishes for the minor child’s future.
Termination of pregnancy can be made without disclosing minor’s name in report, in case of consensual relations: Madras High Court
Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.
Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail
“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”
[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges
Kerala High Court expressed that this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance for the children.
Gujarat HC seeks Medical Opinion for Termination of Pregnancy of Minor Rape Survivor
The Court also directed the Medical Panel to conduct an ossification test of the minor.
Minor girl impregnated by her own brother; Kerala High Court allows termination of pregnancy
Considering the fact that various social and medical complications are likely to arise since the child will be born from the girl's own sibling, Kerala High Court found the permission sought for termination of pregnancy to be inevitable.