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In Brief
Ruled that rape survivors do not require judicial approval for medical pregnancy termination up to 24 weeks.
The Madhya Pradesh High Court has issued a significant clarification ruling that survivors of sexual assault do not require prior court permission to terminate pregnancies up to 24 weeks. The court emphasized that medical practitioners must proceed under statutory provisions without compelling victims to seek judicial intervention for standard medical procedures.
Under the Medical Termination of Pregnancy (MTP) Amendment Act, 2021, the upper gestation limit for termination of pregnancy was enhanced from 20 to 24 weeks for specific categories of women, including survivors of sexual assault, rape, or incest. Medical boards and registered medical practitioners are legally empowered to make determinations within this statutory window.
The High Court observed that unnecessary legal hurdles and procedural delays severely infringe upon the fundamental rights of bodily autonomy and reproductive freedom guaranteed under Article 21 of the Indian Constitution. The decision establishes clear guidelines for hospital administrations and medical boards to prevent procedural delays that jeopardize survivors' health.
This judgment reinforces fundamental rights concerning reproductive choice and bodily integrity. For competitive examinations, it provides crucial legal context regarding the MTP Act 2021, judicial interpretation of Article 21 rights, and healthcare accessibility for vulnerable demographics.
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