SHEETAL SHANKAR SALVI AND ANR. versus UNION OF INDIA AND ORS.

SHEETAL SHANKAR SALVI AND ANR. versus UNION OF INDIA AND ORS.

Permission for medical termination of pregnancy at 27 weeks cannot be granted when Medical Board does not advise termination on medical grounds and there is no danger to mother's life.

Parties
Petitioner: Sheetal Shankar Salvi; Respondent: Union of India; Petitioner: Satya Mitra; Respondent: Ms. Sadhana Sandhu; Respondent: G. S. Makker; Respondent: Nishant R. Katneshwarker; Respondent: Arpit Rai
Jurisdiction
India
Judgment Date
27 March 2017
Procedural Posture
Writ Petition (civil) / Final Order
Outcome
writ petition dismissed
Legal Topics
Personal Liberty Under Article 21, Medical Termination of Pregnancy, Woman's Reproductive Rights
Constitutional Law Medical Law Personal Liberty Under Article 21 Medical Termination of Pregnancy Woman's Reproductive Rights

Case Brief

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Parties

Sheetal Shankar Salvi

Petitioner

Union of India

Respondent

Satya Mitra

Petitioner

Ms. Sadhana Sandhu

Respondent

G. S. Makker

Respondent

Nishant R. Katneshwarker

Respondent

Arpit Rai

Respondent

Procedural Posture

Writ Petition (civil) / Final Order

Legal Issues

  1. 1 Whether the petitioner should be allowed to undergo medical termination of pregnancy at 27 weeks based on fetal abnormalities and personal anxiety.

Ratio Decidendi

Permission for medical termination of pregnancy at 27 weeks cannot be granted when Medical Board does not advise termination on medical grounds and there is no danger to mother's life.

Court Disposition

writ petition dismissed

Orders

  • Prayer for permission to terminate pregnancy declined.
  • Writ petition dismissed.