CASE BRIEF

CASE NAME AND CASE LAW:

ABC v. Union of India (W.P.C. TMP-9/2020) (section 3 of the
Medical Termination of Pregnancy Act, 1971).

FACTS:
The father of the minor girl ‘Y’ has filed a petition seeking the
permission of abortion after 24 months of the pregnancy of a
minor girl. Y had eloped with a married man of 28 years and it
took 5 months for the father to find her. After that the child was
traced and the man was charged with various sections of IPC
and POCSO. The custody of Y was restored to her parents but
by the time the pregnancy had already surpassed the 20 weeks
period, that is 24 weeks. The petition was earlier filled in the
session court which rejected it on the grounds of jurisdiction.
The petitioner now has moved to the High Court in order to
receive permission for the termination of pregnancy beyond the
permissible period of 20 weeks.

ISSUE:
Whether the termination of pregnancy beyond 20 weeks, that is
24 weeks, as prescribed in the MTP Act, 1971 can be allowed
under certain circumstances?

JUDGEMENT:
The Kerela High Court in its decision dated May 5, 2020 by the
bench consisting of Justice AK Jayashankar Nambiar and
Justice Shaji P Chaly allowed the abortion plea and stated that
“ Y’s right to make reproductive choices is also a facet of her
liberty as understood under Article 21 of our constitution”. Thus
the court gave full rights to Y to decide whether or not to
continue with the pregnancy.