MEDICAL TERMINATION OF PREGNANCY ACT, 1971

Facts: Appellant was a rape victim and she suffered from mild mental retardation. She was administered psychiatric treatment but she was in a position to express her consent and she did not desire to bear a child and thus the appellant approached High Court for termination of pregnancy. High Court rejected the application of Appellant by stating that medical termination would be harmful and injurious to the victim's life.

Held: The court observed that it has to be borne in mind that element of time is extremely significant in a case of pregnancy as every day matters and, therefore, the hospitals should be absolutely careful and treating physicians should be well advised to conduct themselves with accentuated sensitivity so that the rights of a woman is not hindered. The fundamental concept relating to bodily integrity, personal autonomy and sovereignty over her body have to be given requisite respect while taking the decision and the concept of consent by a guardian in the case of major should not be over emphasized and so the appeal for termination of pregnancy was allowed.

Facts: The Petitioner is about 22 years old and has approached this Court seeking directions to the respondents to allow her to undergo medical termination of her pregnancy. According to the petitioner, foetus which is about 22 weeks old on the date of the petition has a condition knowns as bilateral renal agenesis and anhydramnios. She apprehends that the foetus has no chance of survival and the delivery may endanger her life.

Held: The court stated that in a given case petitioner may be under some misconception or under coercion. The court do not find that to be the case here because the petitioner has been examined by the Medical Board about her mental condition and has made a psychiatric evaluation of her. The Board has stated that the patient is co-operative and coherent and has no psychiatric or emotional problems. Hence, relief to petitioner must be supported by affidavits of the petitioner herself. Needless to state that the hospital will take her consent before terminating her pregnancy and thus the appeal is allowed.

Facts: The Petitioner is about 22 years old and has approached this Court seeking directions to the respondents to allow her to undergo medical termination of her pregnancy. According to the petitioner, foetus which is about 22 weeks old on the date of the petition has a condition knowns as bilateral renal agenesis and anhydramnios. She apprehends that the foetus has no chance of survival and the delivery may endanger her life.

Held: The court stated that in a given case petitioner may be under some misconception or under coercion. The court do not find that to be the case here because the petitioner has been examined by the Medical Board about her mental condition and has made a psychiatric evaluation of her. The Board has stated that the patient is co-operative and coherent and has no psychiatric or emotional problems. Hence, relief to petitioner must be supported by affidavits of the petitioner herself. Needless to state that the hospital will take her consent before terminating her pregnancy and thus the appeal is allowed.

Facts: The Petitioner is about 22 years old and has approached this Court seeking directions to the respondents to allow her to undergo medical termination of her pregnancy. According to the petitioner, foetus which is about 22 weeks old on the date of the petition has a condition knowns as bilateral renal agenesis and anhydramnios. She apprehends that the foetus has no chance of survival and the delivery may endanger her life.

Held: The court stated that in a given case petitioner may be under some misconception or under coercion. The court do not find that to be the case here because the petitioner has been examined by the Medical Board about her mental condition and has made a psychiatric evaluation of her. The Board has stated that the patient is co-operative and coherent and has no psychiatric or emotional problems. Hence, relief to petitioner must be supported by affidavits of the petitioner herself. Needless to state that the hospital will take her consent before terminating her pregnancy and thus the appeal is allowed.