Bringing you the Best Analytical Legal News
“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 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.
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.
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.
“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.”
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.
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.”
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.
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.
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
Calcutta High Court commended the cooperation from all parties involved and expressed well wishes for the minor child’s future.
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.
“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.”
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.
The Court also directed the Medical Panel to conduct an ossification test of the minor.
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.
The attitude towards early love relationships, especially adolescent love, had to be scrutinized in the backdrop of their real-life situations to understand their actions in each situation because the teenagers who try to imitate romantic culture of films and novels, remain unaware about the laws and the age of consent.
The Delhi High Court allowed termination of 28 weeks pregnancy of a woman as the Medical Board from AIIMS diagnosed some “substantial abnormalities” in the foetus.
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.