Latest news with #SachinDeshmukh
Time of India
11 hours ago
- Time of India
12-Yr-Old Rape Survivor Delivers Baby After Moving HC For Abortion
Nagpur: A 12-year-old rape survivor, who was on June 17 allowed to terminate pregnancy in the 28th week by the Nagpur bench of Bombay high court, delivered a baby at a govt facility in Akola on June 18. The turn of events happened after a medical board constituted by the court opined that terminating the pregnancy would endanger the minor's life. The minor gave birth to a baby boy weighing 980gm at Akola Govt Medical College and Hospital. Both the girl and the newborn are reportedly stable and expected to be discharged soon. A division bench of Justices Nitin Sambre and Sachin Deshmukh had earlier granted conditional permission for medical termination of pregnancy on June 17, based on undertakings from the minor and her parents. However, the court-appointed medical board later submitted that proceeding with abortion at this stage could be life-threatening for the minor mother. The judges had clarified that their decision was based entirely on expert medical assessment and in the best interest of the minor's health and survival. Advocate Soniya Gajbhiye, representing the minor and her family, told TOI that they will now approach the high court again seeking directions on custody and future care of the newborn. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Urologists Urge Men To Try This Breakthrough for ED Bring Back Fast Read More Undo "The minor is herself dependent on her parents and incapable of caring for the baby. The accused, her uncle, is currently in judicial custody on charges of raping the minor," she said. In its judgment, the bench also reiterated important constitutional principles on reproductive rights, referring to Supreme Court precedents. It observed the physical and psychological trauma of forced pregnancy, especially arising from sexual assault, violates a woman's dignity and autonomy under Article 21 of the Constitution. "The right to bodily autonomy rests with the woman alone, irrespective of her age or marital status. No authority, including the state, can compel her to carry an unwanted pregnancy. Such coercion would strip her of the right to decide the immediate and long-term course of her life," the court had ruled, while accepting this constitutional principle had to be balanced with expert medical advice in the present case. The petition was filed by the minor's parents through Gajbhiye. Government pleader and senior counsel Deven Chauhan, assisted by advocate HD Marathe, represented the state.
Time of India
13 hours ago
- Politics
- Time of India
Vacant police posts: HC slaps contempt notice on home secy
Nagpur: Bombay HC's Nagpur bench on Monday issued contempt notices to the state home secretary and the deputy secretary for failing to implement a 2023 govt resolution (GR) that mandated the filling of vacant posts in the police force across the state. A bench of Justices Nitin Sambre and Sachin Deshmukh passed the order after amicus curiae Raheel Mirza said the GR had directed all commissionerates and SP offices to conduct manpower surveys and initiate recruitment in view of rising work pressure and the growing threat of cybercrimes. Expressing frustration over repeated delays, the court said the state's defence—blaming the finance department for not releasing funds—was "a mere eyewash". "The govt has failed to take concrete steps. These delaying tactics are unacceptable," the bench noted while hearing the notices in a suo motu criminal PIL on road accidents in Nagpur due to poor infrastructure and traffic mismanagement. Despite reminders on Feb 27 and April 28 this year, govt did not provide a concrete response on filling hundreds of vacant posts. The court also sought details of the state's recruitment policy and action taken to resolve the acute manpower shortage. —Vaibhav Ganjapure
NDTV
3 days ago
- Health
- NDTV
Can't Force Sex Assault Victim To Continue Unwanted Pregnancy: High Court
Mumbai: A victim of sexual assault cannot be compelled to continue her unwanted pregnancy, the Bombay High Court has said while allowing a 12-year-old girl to abort her 28-week pregnancy despite an adverse report from medical experts. If forced to give birth to a child against her wish, the court would be depriving her of the right to decide the "path of her life", it said. A medical board, after examining the girl, had opined that the process of termination of pregnancy would be highly risky, considering the girl's age and the stage of the growth of the fetus. A bench of Justices Nitin Sambre and Sachin Deshmukh, however, held in its June 17 order that abortion will have to be permitted. "This court cannot force the victim to carry her pregnancy against her wishes, as in such an eventuality, the state would be stripping her of the right to determine the immediate and long-term path of her life," the High Court said. "We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status; however, in case of unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman/victim," the court said. The girl had been sexually assaulted by her uncle, following which a case was registered against him. The girl's father moved the high court seeking to terminate her pregnancy, the result of the sexual assault. The court, while permitting the termination of pregnancy, said all safety protocols shall be followed during the procedure to ensure no complication arises. The procedure should be carried out by a medical team including a paediatric surgeon, the High Court said. Under the Medical Termination of Pregnancy Act, abortion after 20 weeks of pregnancy is prohibited unless allowed by a court. A court can allow abortion in such cases if there is abnormality in the fetus, the health of the expectant month is at risk, or she is a sexual attack victim.
The Hindu
3 days ago
- Health
- The Hindu
Can not force sexual assault victim to continue unwanted pregnancy: Bombay HC
A victim of sexual assault cannot be compelled to continue her unwanted pregnancy, the Bombay High Court has said while allowing a 12-year-old girl to abort her 28-week pregnancy despite an adverse report from medical experts. If forced to give birth to a child against her wish, the court would be depriving her of the right to decide the "path of her life", it said. Also Read | Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks A medical board, after examining the girl, had opined that the process of termination of pregnancy would be highly risky, considering the girl's age and the stage of the growth of the fetus. A Bench of Justices Nitin Sambre and Sachin Deshmukh, however, held in its June 17 order that abortion will have to be permitted. Also Read | Supreme Court permits abortion for 14-year-old rape survivor to protect her mental, physical well-being "This court cannot force the victim to carry her pregnancy against her wishes, as in such an eventuality, the state would be stripping her of the right to determine the immediate and long term path of her life," the HC said. "We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status, however, in case of unwanted or incidental pregnancy the burden invariably falls on the pregnant woman/victim," the court said. The girl had been sexually assaulted by her uncle, following which a case was registered against him. The girl's father moved the High Court seeking to terminate her pregnancy, the result of the sexual assault. The court, while permitting the termination of pregnancy, said all safety protocol shall be followed during the procedure to ensure no complication arises. The procedure should be carried out by a medical team including a paediatric surgeon, the HC said. Under the Medical Termination of Pregnancy Act, abortion after 20 weeks of pregnancy is prohibited unless allowed by a court. A court can allow abortion in such cases if there is an abnormality in the fetus, the health of the expectant mother is at risk, or she is a sexual attack victim.
Time of India
5 days ago
- Health
- Time of India
HC allows 12-yr-old rape survivor to terminate 28-week pregnancy
Nagpur: Affirming the woman's reproductive autonomy, the Nagpur bench of Bombay High Court on Tuesday observed she can become pregnant by choice, irrespective of her marital status, and cannot be forced to carry an unwanted pregnancy against her will. Tired of too many ads? go ad free now The bench was hearing a plea filed on behalf of a 12-year-old rape survivor seeking medical termination of her 28-week pregnancy. A division bench of Justices Nitin Sambre and Sachin Deshmukh observed that in cases of unwanted or incidental pregnancies, especially those resulting from sexual assault, the physical and mental burden overwhelmingly falls on the pregnant individual. The judges underscored that forcing a victim to continue such a pregnancy would be a direct assault on her dignity and autonomy, protected under Article 21 of the Constitution. Quoting extensively from recent Supreme Court judgments, the judges reiterated that the right of bodily autonomy rests solely with the woman or girl in question, irrespective of marital status. "It's the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion," the judges said. The minor approached the HC through counsel Soniya Gajbhiye seeking permission for termination of her late-stage pregnancy, which resulted from rape allegedly committed by her cousin uncle. The offence was registered on June 5 under various sections of Bhartiya Nyay Sanhita (BNS) and Protection of Children from Sexual Offences Act (Pocso). The medical board constituted by the govt medical college and hospital (GMCH) in Akola, expressed caution, noting the procedure would be high-risk due to the survivor's age and the advanced gestational stage. However, the Board did not flag a life-threatening risk. Tired of too many ads? go ad free now It advised that a hysterotomy could be performed with high-risk parental consent and the patient's assent. Acknowledging these findings, the justices said: "There is no opinion that the life of the victim is at risk. Perhaps, the patient may develop complications. However, we are equally required to be sensitive to submissions of the petitioner's counsel that the victim and her parents are prepared to undergo the risk." The court further directed the GMCH dean to conduct the termination procedure "at the earliest" while strictly following safety protocols. It specified the team should include a paediatric surgeon, a gynaecological surgeon, and, if possible, a paediatric anaesthesiologist. Crucially, the court noted the legal route taken by the minor's family through the constitutional writ jurisdiction under Article 226 was both appropriate and necessary, given the extraordinary nature of the case and fundamental rights involved. In its concluding remarks, the judges emphasized that no authority, including the state, could compel a woman to carry a pregnancy that she does not wish to continue. "Such compulsion would strip her of the right to determine the immediate and long-term path her life would take," the bench ruled. The petition was allowed, and the court recorded the parents' undertaking to furnish the required high-risk consent, as well as the minor victim's assent to the procedure. Key Takeaways of HC Verdict Right to abortion is part of personal liberty and dignity under Article 21. Unwanted pregnancy affects mental and physical health State cannot force victim to carry a pregnancy against her wish No life threat to the victim; hysterotomy allowed with high-risk consent. Safety protocol must be strictly followed by an expert medical team. Assent of minor & parental consent to be recorded in the medical file
