Topic

medical termination of pregnancy

The Medical Termination of Pregnancy Act, 1971 governs legal abortion in India, with provisions allowing termination beyond 24 weeks in cases of fetal abnormalities or sexual assault involving minors, subject to medical board approval.

17 articlesLatest September 2026
Best-interest of child overrides 24-week limit under MTP Act (Sec 5) for minor rape victim | Medical termination beyond 24 weeks : Gauhati HC
Case Law Analysis
|Gauhati High Court

Best-interest of child overrides 24-week limit under MTP Act (Sec 5) for minor rape victim | Medical termination beyond 24 weeks : Gauhati HC

The Gauhati High Court permitted a medical termination at 27 weeks for a minor sexual assault survivor, holding that the child's best-interest supersedes the 24-week ceiling in the MTP Act. This sets a precedent that statutory gestational limits can be set aside when a minor's health and rights are at stake, affecting future POCSO and MTP cases involving minors.

MTP Act Section 3(2) | Medical Termination Beyond 24 Weeks Permissible for Minor Rape Survivor on Medical Board Opinion Under Article 21 : Karnataka HC
Case Law Analysis
|Karnataka High Court

MTP Act Section 3(2) | Medical Termination Beyond 24 Weeks Permissible for Minor Rape Survivor on Medical Board Opinion Under Article 21 : Karnataka HC

Karnataka High Court allows medical termination of a 25-week pregnancy for a minor sexual assault survivor, holding that reproductive autonomy under Article 21 overrides statutory limits when a Medical Board certifies safety. The ruling sets a precedent for victim-centric interpretations of the MTP Act, mandating compensation, counselling, and care under the Victim Compensation Scheme.

MTP Act Section 3(2)(b) | Reproductive Autonomy of Intellectually Disabled Rape Survivor Overrides 24-Week Limit Under Article 21 : Bombay HC
Case Law Analysis
|Bombay High Court

MTP Act Section 3(2)(b) | Reproductive Autonomy of Intellectually Disabled Rape Survivor Overrides 24-Week Limit Under Article 21 : Bombay HC

The Bombay High Court held that the reproductive autonomy of a 34-year-old woman with moderate intellectual disability and autism, victimized by sexual assault, supersedes the statutory 24-week cap under the MTP Act. This ruling affirms that disability does not diminish bodily integrity under Article 21 and mandates medical boards to prioritize dignity over rigid timelines when assessing termination requests for vulnerable survivors.

MTP Act Section 3(2)(b) | Rape Survivor’s Consent Alone Sufficient for Termination Beyond 20 Weeks Under Article 21: MP HC
Case Law Analysis
|Madhya Pradesh High Court

MTP Act Section 3(2)(b) | Rape Survivor’s Consent Alone Sufficient for Termination Beyond 20 Weeks Under Article 21: MP HC

The Madhya Pradesh High Court ruled that a rape survivor’s voluntary consent is decisive for medical termination of pregnancy, even beyond the 20-week limit, affirming bodily autonomy as a fundamental right under Article 21. The judgment removes procedural barriers for survivors seeking timely abortion, reinforcing that POCSO and MTP Act must be read harmoniously to protect dignity and health.

MTP Act & POCSO | Medical Board Opinion Overrides 24-Week Limit for Termination in POCSO Cases: Karnataka HC
Case Law Analysis
|Karnataka High Court

MTP Act & POCSO | Medical Board Opinion Overrides 24-Week Limit for Termination in POCSO Cases: Karnataka HC

Karnataka High Court ruled that expert medical opinion from a constituted Medical Board prevails over the 24-week statutory limit under the MTP Act for termination of pregnancy in POCSO cases, where the survivor's health is at risk. The decision underscores the primacy of medical expertise in sensitive cases involving minors, setting a precedent for similar petitions.

MTP Act Exception | Jharkhand HC Permits 25-Week Termination for Minor Rape Victim on Grounds of Severe Psychological Trauma : Jharkhand HC
Case Law Analysis
|Jharkhand High Court

MTP Act Exception | Jharkhand HC Permits 25-Week Termination for Minor Rape Victim on Grounds of Severe Psychological Trauma : Jharkhand HC

Jharkhand High Court allows medical termination of pregnancy beyond 24 weeks for a 14-year-old rape victim, citing severe psychological trauma and Medical Board opinion. The ruling mandates state responsibility for expenses and fetal tissue preservation for DNA testing, setting a precedent for similar cases under the MTP Act.

Section 3 & 5 MTP Act | Medical Board Mandate & DNA Preservation for Minor Rape Victim’s Termination : Rajasthan HC
Case Law Analysis
|Rajasthan High Court

Section 3 & 5 MTP Act | Medical Board Mandate & DNA Preservation for Minor Rape Victim’s Termination : Rajasthan HC

Rajasthan High Court directs constitution of a medical board to assess safety of pregnancy termination for a minor rape victim and mandates DNA preservation of the fetus for seven years to aid criminal proceedings. The ruling reinforces procedural safeguards under the MTP Act while balancing victim rights and forensic evidence requirements.

MTP Act Beyond 24 Weeks | Medical Board’s Foetal Viability & Maternal Risk Opinion Binding on Courts: Karnataka HC
Case Law Analysis
|Karnataka High Court

MTP Act Beyond 24 Weeks | Medical Board’s Foetal Viability & Maternal Risk Opinion Binding on Courts: Karnataka HC

Karnataka High Court rules that termination of pregnancy beyond the 24-week statutory limit under the MTP Act requires a medical board’s assessment of foetal viability and maternal risk, overriding judicial discretion. The ruling underscores the primacy of medical expertise in late-term termination cases, while mandating victim care and rehabilitation for minor sexual assault survivors.

Section 3(2B) MTP Act | Psychological Trauma & Social Stigma Justify Termination Beyond 24 Weeks for Minor Victims : Bombay HC
Case Law Analysis
|Bombay High Court

Section 3(2B) MTP Act | Psychological Trauma & Social Stigma Justify Termination Beyond 24 Weeks for Minor Victims : Bombay HC

Bombay High Court permits termination of pregnancy at 27 weeks for a 12-year-old victim, holding that psychological health and social reputation override statutory gestational limits under the MTP Act. The ruling sets a precedent for judicial discretion in cases involving minors, emphasizing the need to prevent irreparable mental harm and family stigma.

MTP Act & Article 21 | Telangana HC Directs Immediate Medical Board for 25-Week Abortion of POCSO Victim : Telangana HC
Case Law Analysis
|Telangana High Court

MTP Act & Article 21 | Telangana HC Directs Immediate Medical Board for 25-Week Abortion of POCSO Victim : Telangana HC

Telangana High Court mandates constitution of a Medical Board within 24 hours to assess the feasibility of abortion for a 13-year-old POCSO victim, reinforcing victim rights under the MTP Act and constitutional guarantees. The ruling sets a precedent for expedited medical evaluations in cases involving minors and advanced pregnancies.