The petition sought a direction to amend the MTP Act to allow abortions prior to 24 weeks for rape victims. The Court rejected a blanket direction due to safety risks but noted case-to-case permissions are granted by experts on specific instances.
Direction to amend MTP Act and PC-PNDT Act to permit abortion for rape victims denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1/2 13-PIL23.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.23 OF 2018
Association for aiding Justice
.. Petitioners
Vs.
Mr. Dipesh Siroya for the Petitioners.
Ms. Anjali Helekar with Ms. Purnima Awasthi for Respondent No.1.
Mr. M.M. Pabale, A.G.P. for the State.
CORAM: PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.
DATED : 23rd AUGUST, 2019.
P.C:-
AJN
2/2 13-PIL23.18.doc
course, on case to case basis, the Courts have been granting necessary permissions based upon the opinion of the Medical Experts.
(SMT. BHARATI DANGRE, J.)
(CHIEF JUSTICE)
AJN
1 issue framed by the court
Whether to issue directions to amend the MTP Act and PC-PNDT Act to permit abortion on the desire of rape victims.
Association for aiding Justice
Respondent No.1
State
Pradeep Nandrajog
Bharati Dangre
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
