Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here are some important decisions relating to women's bodily autonomy and right to medical termination of pregnancy:1. Allahabad High Court Allows Termination Of 23-Week Pregnancy Of 12-Year-Old Rape Survivor To 'Free Her Of The Trauma & Social Miseries'Case title - Ms. X Thru. Her Legal Guardian Bharat Lal v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And OthersCase Citation: 2022 LiveLaw (AB) 447The Allahabad High Court on Monday allowed a Writ Petition that was filed before it to terminate the 24-week-old pregnancy of a 12-year-old rape survivor.Keeping in view the report of the medical board, the bench Justice Attau Rahman Masoodi and Justice Om Prakash Shukla permitted the medical experts to proceed with the challenge of terminating the pregnancy in the interest of justice.2. Bombay High Court Orders Constitution of Medical Boards For Medical Termination Of Pregnancy As Mandated under the MTP ActCase Title: XXX vs State of MaharashtraCitation: 2022 LiveLaw (Bom) 1The Bombay High Court directed the state Government to forthwith constitute medical boards based on the Amended Act on 'medical termination of pregnancy (MTP)', to easy the hardship caused to a women seeking termination of her pregnancy.The bench observed that Section 3(2)(b) of the Medical Termination of Pregnancy (Amendment) Act, 2021 has increased the limitation to undergo medical termination of pregnancy from the earlier 20 weeks to 24 weeks. It further added that section 3(2B), in fact, carved out an exception in cases of foetal abnormalities and did not limit such termination to the 24 weeks period otherwise provided in the subsection.3. Can't Force Rape Victim To Mother A Child: Bombay High Court Allows Termination Of Minor's 16 Week PregnancyCase Title: 'A' v. State of Maharashtra and Anr.Citation: 2022 LiveLaw (Bom) 240The Bombay High Court allowed the termination of a 16 weeks' pregnancy of a minor who was a victim of sexual abuse and was also in custody at an Observation Home for a crime of murder under section 302 of the Indian Penal Code (IPC).A bench of Justices A.S. Chandurkar and Urmila Joshi-Phalke noted that the Apex Court has observed that reproductive choice is an insegregable part of a woman's personal liberty as envisaged under Article 21 of the Constitution of India."She cannot be forced to give birth to a child...She has a choice to give birth to the child or not," it observed.4. Friendly Relations Not Consent To Establish Physical Relations: Bombay High CourtCase Title: Ashish Ashok Chakor v. State of MaharashtraCitation: 2022 LiveLaw (Bom) 236The Bombay High Court recently observed that a girl merely being friendly with a boy doesn't allow him to misconstrue it as her consent to establish a sexual relationship with her and rejected the anticipatory bail application of a man accused of impregnating a woman under the pretext of marriage.Justice Bharati Dangre rejected the pre-arrest bail plea filed by one Ashish Chakor accused of raping a woman under the pretext of marriage and booked under sections Sections 376(2)(n), 376(2)(h) and 417 of the IPC.5. Bombay High Court Refuses Mentally Challenged Rape Victim To Terminate 35-Week Pregnancy Citing Health RiskCase Title: Xyz v. The State of Maharashtra & Ors (WP 9012 of 2022)Citation: 2022 LiveLaw (Bom) 278The Bombay High Court has refused to allow a mentally challenged rape victim to terminate her 35-week (8.5 months) pregnancy after a board of medical experts opined it was a high risk to maternal health. A division bench of Justices Gangapurwala and AS Doctor said that the court would be guided by the report of the Expert Committee, but since the pregnancy was a result of rape, certain directions were necessary:The investigator should remain present at the time of delivery so that DNA samples can be collected soon after the delivery and be used during the trial. If the child is born alive, the State should take care of the child in accordance with guideline under a 2019 landmark judgement on Medical Termination of Pregnancy.6. Well Qualified Wife Expressing Desire To Pursue Job Not Cruelty; Reproductive Choice Insegregable To Woman's Personal Liberty: Bombay High CourtCase Title: Pundlik Yevatkar v. Sau. Ujwala @ Shubhangi Pundlik YevatkarCitation: 2022 LiveLaw (Bom) 374The Bombay High Court held that a wife expressing a desire to work does not amount to cruelty under the Hindu Marriage Act. The court further said that the right of a woman to have reproductive choice is an insegregable part of her personal liberty under Article 21 of the Constitution.Division bench of Justices Atul Chandurkar and Urmila Joshi-Phalke upheld family court's refusal to grant divorce to the husband on the ground that cruelty is not proven.The court said that cruelty has to be distinguished from the ordinary wear and tear of the family life. The husband's allegation that ...

Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022

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