Headline
The Madras HC stated minor girls have freedom over her body and permitted termination of 28-Week pregnancy.
Summary
The Madras High Court allowed the medical termination of a 28-week pregnancy of a 16 years of age minor girl by stressing that she has freedom over her body and the right to decide under Article 21 of the Indian Constitution. The Supreme Court gave importance to the wishes of the minor and ordered Vellore Medical College to speed up the procedure.
Key Facts
- Case Name: XX v. The Inspector of Police,
- Judge Name: Justice S. Sounthar
- Issue: Whether a pregnancy of a minor girl can be terminated beyond 24 weeks under the Medical Termination of Pregnancy Act?
- Ruling: The wish of a minor takes precedence, and the consent of her mother fulfills the Act’s guardian requirement.
Legal Insights
The Supreme Court of India reaffirmed that a minor’s bodily freedom is a fundamental right under Article 21 of the Indian Constitution. It also made sure of the preservation of the fetus for DNA testing in an ongoing POCSO case.
Impact
This ruling of the Supreme Court focused on the bodily freedom rights for minors and provides a precedent for late-term medical terminations in cases of sexual exploitation.
Why It Matters
The decision shows the judicial sensitivity in cases of minor pregnancies and balances legal, medical, and ethical considerations while upholding the rights of womens.
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