Association For Aiding Justice v. Union Of India And ORS.

1/2 13-PIL23.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.23 OF 2018 Association for aiding Justice ..

Petitioners Vs.

Union of India & Ors.

..

Respondents ...

Mr. Dipesh Siroya for the Petitioners.

Ms. Anjali Helekar with Ms. Purnima Awasthi for Respondent No.1. Mr. M.M. Pabale, A.G.P. for the State.

CORAM:

PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATED :

23rd AUGUST, 2019.

P.C:- 1.

The Public Interest Litigation seeks direction to be issued to amend the existing Medical Termination of Pregnancy ("MTP") Act, 1971 and Pre Conception - Pre Natal Diagnostic Techniques ("PC-PNDT") Act so that the victims of rape, who unfortunately get pregnant, should be permitted to abort the foetus as per the desire of the lady. 2.

Such a direction cannot be issued for the reason it endangers the life of the expectant mother, if the foetus is aborted after 24 weeks. Of AJN

2/2 13-PIL23.18.doc course, on case to case basis, the Courts have been granting necessary permissions based upon the opinion of the Medical Experts. 3.

This has to be done, on case to case basis.

4.

The Public Interest Litigation is dismissed.

(SMT. BHARATI DANGRE, J.) (CHIEF JUSTICE) AJN