Medical
Termination of Pregnancy Act, 1971 (hereinafter referred to as MTP
Act, 1971 ). As per the petition, the foetus of the petitioner is suffering
from ... four weeks, can be
terminated is answered by Section 3 of the MTP Act, 1971, which has
been recently amended on 25.03.2021 by the MTP
terms of the Medical Termination of
Pregnancy (Amendment) Act, 2021 (' MTP, Act 2021').
4. It is stated that the Petitioner's minor ... March 2021, that since the pregnancy was
more than 20 weeks, the MTP could not be done in terms of MTP
Act, 1971 and that
prior to abortion to prevent a live birth.
Hence, the board advises MTP in this case with
the advise to be followed as listed above ... board also
advises that the doctors carrying out the MTP perform
fetal autopsy and generic tests from the fetal DNA, to
guide the patient
reached 30
weeks 1 day, it is not advisable to do MTP at present. She
is a case of previous LSCS. So she may require ... recommended."
4. Thus the Medical Board has not recommended MTP
pointing out that pregnancy has reached 30 weeks
having pregnancy of about 23 weeks and needs to
be subjected to MTP on urgent basis.
On 21.10.2021, following order was passed:-
"Prayer ... prior to abortion to prevent a live birth.
Hence, the board advises MTP in this case with
the advise to be followed as listed above
applicable statute have been fulfilled. Hence, the provisions of the
MTP Act, 1971 can also be viewed as reasonable restrictions that
have been placed ... position has been unambiguously
stated in Section 3(4)(b) of the MTP Act, 1971.
26. The exceptions to this rule of consent have been
come out through PW9
that she had conducted Medical Termination of Pregnancy (MTP) on
the girl, who was at the time pregnant having gestation ... evidence to say that her blood sample was
collected while conducting MTP. He also attacked the prosecution for
not producing the property list
Medical
Termination of Pregnancy (Amendment) Act, 2021
(hereinafter referred to " MTP Act, 2021 " for
short) and submitted that in the said provision ... patient.
Informed consent of the guardian will be required
for performing MTP after explaining the entire
likely outcome.
Also allied fitness of paediatric, anesthetist
Medical
Termination of Pregnancy (Amendment) Act, 2021
(hereinafter referred to " MTP Act, 2021 " for
short) and submitted that in the said provision ... patient.
Informed consent of the guardian will be required
for performing MTP after explaining the entire
likely outcome.
Also allied fitness of paediatric, anesthetist
examined the patient
and arrived at the following observations :
As per the MTP Act 2021, she is beyond the limit of legal
MTP (Gestational ... Ultrasound Scan is 26 weeks and 6
days)
If MTP is considered she stands following medical risks :
1. The victim may need multiple inductions
