Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2 I - Medical termination of Constitution of India - Arts. 32 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India - Arts. 32, 2 I - Medical termination of 24 weeks pregnancy - Sought by pregnant lady-petitioner no.I· - Examination by medical board- Fetus suffering from bilateral renal agenesis (absence of kidneys) and anhydramnios (absence of amniotic fluid) - Risk of death within womb and no chance of long term postnatal survival and continuation of pregnancy could endanger physical and mental health of the petitioner - Held: Mother has a right to preserve her life in view of foreseeable danger in case the pregnancy is allowed to run its fall course - Right of.bodily integrity calls for a permission to allow her to terminate her pregnancy - Report of the Medical Board warrants inference that the continuance of the pregnancy involves the risk to the life of the petitioner and a possible grave injury to her physical or mental health as well as death of fetus outside the womb - Thus, the petitioner permitted to undergo termination of her pregnancy under the provisions of the Act - Medical Termination of Pregnancy Act, I97 I - ss.3(2)(i), 5. Medical Termination of Pregnancy Act, I 97 I - Termination of pregnancy - Sought for by 24 weeks pregnant lady-petitioner No. I -Affidavit not sworn by petitioner no.I but by the doctor-petitioner No. 3 - Effect of - Held: A relator action may not be permitted in a case of this kind - In a given case petitioner no. I may be under some misconception or under coercion - However, petitioner no. I was examined by the Medical Board about her mental condition - She did not have any psychiatric or emotional problems - Thus, petitioner no. I is allowed the relief - However, such action must be supported by affidavits of the petitioner no. I herself - Hospital would take her consent before terminating her pregnancy -Affidavit. |
Judge | N/A |
Neutral Citation | 2017 INSC 117 |
Petitioner | Mrs. X And Ors. |
Respondent | Union Of India And Ors. |
SCR | [2017] 1 S.C.R. 687 |
Judgement Date | 2017-02-07 |
Case Number | 81 |
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