Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 ~ s.3(2)(i) - Medical Termination of Pregnancy Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Medical Termination of Pregnancy Act, 1971 ~ s.3(2)(i) - Woman's right to make reproductive choices and bodily integrity - Writ petition seeking direction to the respondents to allow petitioner no. l to undergo medical termination of her pregnancy as she apprehended danger to her life, having discovered that .her foetus was diagnosed with Anencephaly, a defect that leaves foetal skull bones unformed and is both untreatable and certain to cause the infants death during or shortly after birth - Held: Report of the Medical Board clearly warrants the inference that continuance of the pregnancy involves risk to the life of petitioner no. l and a possible grave injury to her physical or mental health as required by s.3{4}(i) of the Medical Termination of Pregnancy Act - Though, the pregnancy is into the 24 week, having regard to the danger to the life and the certain inability of the foetus to survive extra uterine life, it is appropriate in the interests of justice to permit petitioner no. l to undergo medical termination of her pregnancy under the provisions of Medical Termination of Pregnancy Act - The overriding consideration is that she has a right to take all such steps as necessary to preserve her own life against the avoidable danger to it, particularly since she has made an informed choice - The exercise of her right' seems to be within the limits of reproductive autonomy - Constitution of India - Arts. 21 & 32 - Personal liberty. |
Judge | N/A |
Neutral Citation | 2017 INSC 52 |
Petitioner | Meera Santosh Pal |
Respondent | Union Of India And Ors. |
SCR | [2017] 1 S.C.R. 261 |
Judgement Date | 2017-01-16 |
Case Number | 17 |
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