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X vs Union of India
Kerala
Apr-04-2020
quoted above, it would be clear that Section 5(1) of MTP Act, 1971 is a stark exception to Section 3 of the Act, and therefore irrespective of the maximum period of limitation to terminate pregnancy prescribed under Section … therefore allow this writ petition by permitting ‘Y’ to undergo medicaltermination of her pregnancy under the provisions of the MTP Act, 1971. The termination procedure will be performed by the doctors of the hospital where she has undergone the check
Tag this Judgment! AI Brief & AskJustice k.s.puttaswamy(retd) Vs. Union of India
Supreme Court of India
Aug-24-2017
Land Acquisition
Suchita Srivastava v Chandigarh Administration119 (“Suchita Srivastava”) arose in the context of the Medical Termination of Pregnancy Act (MTP) Act, 1971. A woman who was alleged to have been raped while residing in a welfare institution run by the … Balakrishnan held that the reproductive choice of the woman should be respected having regard to the mandate of Section 3. In the view of the Court:“There is no doubt that a woman's right to make reproductive choices is
Tag this Judgment! AI Brief & AskSuchita Srivastava and anr. Vs. Chandigarh Administration
Supreme Court of India
Aug-28-2009
Constitution
Medical Termination of Pregnancy Act, 1971 - Sections 2, 3, 3(2), 3(4) and 5(1); Indian Penal Code (IPC) - Sections 120B and 376; Abortion Act, 1967; Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; Constitution of India - Articles 14 and 21; The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813; [2009] 13 SCR 989
is only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable restrictions that have been placed on the exercise of reproductive choices.12. A … period of pregnancy as well as for post-natal care - Appeal disposed off - MEDICAL TERMINATION OF PREGNANCY ACT, 1971 Section 3: [K.G. Balakrishnan, CJI, P. Sathasivam & B.S. Chauhan, JJ] Termination of pregnancy - Woman had become pregnant as
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Cry for Life Society vs Union of India
Kerala
Jun-09-2020
in turn, affect her physical and mental well being.13. It is also pointed out that Section 4 of the MTP Act, 1971 ensuresthat it is done only in Government and approved hospitals. Section 5 of the Act contemplates termination of … order or direction in the nature of Mandamus or such other appropriate Writ, order or direction, declaring that Section 3(2)(ii) and Explanations I and II thereof, of the Medical Termination of Pregnancy Act, 1971 is unconstitutional for violating
Tag this Judgment! AI Brief & AskX Vs. The Principal Secretary Health And Family Welfare Department Gov ...
Supreme Court of India
Sep-29-2022
Land Acquisition
Online Mad 5047; M. Kala v. The Inspector of Police, 2015 SCC OnLine Mad 7767 29 Section 3(2)(b), MTP Act 1971 30 (2018) 11 SCC57219 PART D pregnancy before the passage of twenty weeks, despite the woman seeking an
Tag this Judgment! AI Brief & AskSanya Bhasin vs the State Nct of Delhi & Anr.
Delhi
Jan-06-2026
Land Acquisition
is only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable restrictions that have been placed on the exercise of reproductive choices." [Emphasis … can make achoice to continue with the pregnancy or terminate it within the specified period, as provided in Section 3 of the MTP Act and if yes, under what circumstances.27. Abortion is always a difficult and careful decision
Tag this Judgment! AI Brief & AskMs. Eera Through Dr. Manjula Krippendorf Vs. State (Govt. Of Nct of De ...
Supreme Court of India
Jul-21-2017
Education
only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable restrictions that have been placed on the exercise of reproductive choices.” And … sexual offences against children. Part A of the said Chapter provides for penetrative sexual assault and punishment therefor. Section 3 stipulates what is the penetrative sexual assault and Section 4 provides punishment for such offence. Part B of
Tag this Judgment! AI Brief & AskMs. Z Vs. The State of Bihar and Ors. Social Welfare Department Princi ...
Supreme Court of India
Aug-17-2017
Land Acquisition
is only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be 37 viewed as reasonable restrictions that have been placed on the exercise of reproductive choices.” … risk of life or grave injury to her physical or mental health. Explanation 1 of Sub-Section 2 of Section 3, provides that such pregnancy which is alleged to have been caused by rape shall be presumed to constitute
Tag this Judgment! AI Brief & AskChandigarh Administration Vs. Nemo
Punjab and Haryana
Jun-09-2009
Criminal
(2009)156PLR489
deformities and diseases. Section 2[a] and [b] of the 1971 Act define 'guardian' and 'mentally ill person', whereas Section 3 lays down the circumstances wherein the pregnancy can be terminated and the competence of the Medical Practitioner[s], who … his complete physical , mental and social well being later.7. There is clear cut humanitarian ground as per the MTP Act as pregnancy is a result of rape on the basis of which MTP can be done. The board … health, and so recommends medical termination of pregnancy [MTP].3. The Parliament has enacted the Medical Termination of Pregnancy Act, 1971 [in short 'the 1971 Act'] with an awed object to liberalise and permit termination of pregnancy wherever necessary,
Tag this Judgment! AI Brief & AskSoniya Babu vs Union of India,
Kerala
Feb-28-2024
order, granting her liberty to do so, ifconditions specified in Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 (‘MTP Act’ for short) aresatisfied. She says that, consequent thereto, when she approached medical practitioners for such purpose, … and therefore, that she is entitled to be granted an order to terminate it, under the provisions of the “MTP Act”. She argued that, since the pregnancy has not exceeded 24 weeks, the provisions of Section 3(2)(b) of the
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