MEERA SANTOSH PAL AND ORS. versus UNION OF INDIA AND ORS.

MEERA SANTOSH PAL AND ORS. versus UNION OF INDIA AND ORS.

The Medical Board’s report confirms that continuance of pregnancy involves a risk to the petitioner’s life and grave injury to her physical or mental health. Since the fetus has anencephaly and cannot survive outside the womb, petitioner’s right to bodily integrity, reproductive autonomy, and informed choice—protected under Article 21—warrants permission for medical termination of pregnancy under the Medical Termination of Pregnancy Act, 1971.

Parties
Petitioner: Meera Santosh Pal; Respondent: Union of India
Jurisdiction
India
Judgment Date
16 January 2017
Procedural Posture
Writ Petition (civil) / Order on Merits
Outcome
Petition allowed
Legal Topics
Right to Bodily Integrity, Reproductive Autonomy, Medical Termination of Pregnancy, Personal Liberty
Constitutional Law Medical Law Human Rights Right to Bodily Integrity Reproductive Autonomy Medical Termination of Pregnancy Personal Liberty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Meera Santosh Pal

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Order on Merits

Legal Issues

  1. 1 Whether petitioner No.1 should be permitted to undergo medical termination of pregnancy beyond 20 weeks due to anencephaly diagnosed in the fetus
  2. 2 Whether the right to bodily integrity and reproductive autonomy grants the petitioner the right to terminate pregnancy under risk to her life

Ratio Decidendi

The Medical Board’s report confirms that continuance of pregnancy involves a risk to the petitioner’s life and grave injury to her physical or mental health. Since the fetus has anencephaly and cannot survive outside the womb, petitioner’s right to bodily integrity, reproductive autonomy, and informed choice—protected under Article 21—warrants permission for medical termination of pregnancy under the Medical Termination of Pregnancy Act, 1971.

Court Disposition

Petition allowed

Orders

  • Petitioner No.1 is permitted to undergo medical termination of pregnancy under the Medical Termination of Pregnancy Act, 1971.
  • Termination to be performed at the hospital where petitioner No.1 had medical check-up, supervised by the Medical Board, with complete procedural record to be maintained.