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The Supreme Court recently disposed of a 2021 writ petition seeking constitution of separate Medical Boards across India to decide medical termination of pregnancy cases involving rape by blood relatives. 

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with a petition filed seeking primarily two reliefs - (i) permission for medical termination of pregnancy of a 14-year old rape victim, and (ii) direction for Union to frame guidelines constituting qualified Medical Boards in all States/UTs to decide MTP cases beyond 20 weeks of pregnancy, especially in cases of rape by blood relatives.

It is pertinent to note that in a case of rape by blood relative, there is a heightened risk of fetal abnormality. 

During the hearing, Advocate VK Biju, for petitioner, contended that the issue was crucial for the SC/ST community, poor and illiterate people. ASG Aishwarya Bhati informed the Court that after notice was issued in the matter, limited to prayer (ii), the MTP Act and relevant Rules were amended in 2021. Considering the submission, the Court hoped that the prayer in the writ petition had been suitably addressed. 

It observed that the issue whether the amendments have been effective, or the victims continue to face hardships due to prescribed time limits, must be determined on a case-to-case basis. 

At last, the Court gave the liberty to file an appropriate petition in case any such case of an aggrieved person comes to notice. 

Case :X Versus UNION OF INDIA AND ANR. | W.P.(C) No. 278/2021

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