Topic

MTP Act

The Medical Termination of Pregnancy (MTP) Act, 1971, governs legal abortion in India, with provisions allowing termination beyond 20 or 24 weeks in cases of fetal abnormalities, sexual assault, or severe mental trauma to the woman.

18 articlesLatest 2 weeks ago
Guardian Consent Required & POCSO Reporting Mandatory for Minor Pregnancy Termination under MTP Act Sec 3(4) | Delhi HC
Case Law Analysis
|Delhi High Court

Guardian Consent Required & POCSO Reporting Mandatory for Minor Pregnancy Termination under MTP Act Sec 3(4) | Delhi HC

The Delhi High Court affirmed that a pregnancy of a girl under 18 cannot be terminated without the written consent of her guardian and that any such termination must be reported under the POCSO Act. This clarifies the dual pre-condition of guardian approval and statutory reporting for medical practitioners. The ruling binds doctors, hospitals and magistrates handling minor pregnancy cases.

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(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 | Medical Board Approval Extends Termination Window for Minor Sexual Assault Victims Beyond 20 Weeks : PHHC
Case Law Analysis
|Punjab and Haryana High Court

MTP Act | Medical Board Approval Extends Termination Window for Minor Sexual Assault Victims Beyond 20 Weeks : PHHC

Punjab & Haryana High Court rules that minor victims of sexual assault can terminate pregnancies beyond the 20-week limit if a medical board certifies risks to physical or mental health, reinforcing reproductive autonomy under Article 21. This sets a precedent for prioritizing victim welfare over rigid gestational limits in cases of sexual violence.