Human Rights Law Network


Human Rights Law Network

Human Rights Law Network (HRLN)

High Court of Chhattisgarh will frame MLC guidelines

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In a petition filed by a survivor of rape and trafficking in the high court of Chhattisgarh, the petitioner pleaded for termination of her pregnancy resulting from rape. Before knocking the doors of the court, she had to go pillar to post for obtaining a medical termination of pregnancy (abortion, MTP). The referral procedure took a lot of her time leading to the maturity of pregnancy. On approaching the court she was allowed an abortion subsequently. The judge was aghast at the procedure of referrals the girls had to go through to ask for an abortion. Noting this he would now take a landmark step of issuing guidelines regarding the Medico Legal Case examination of a rape survivor, to ensure that the MTP process is facilitated in case the victim has conceived as a result of rape and she wishes to get a MTP done. The court has asked the lawyers from the Chhattisgarh Unit of HRLN to make submission for the guideline. 

It is significant to note that the MTP Act, 1971 does not allow an abortion post 20-week period except in certain conditions. In the present case the court allowed the MTP post the 20 week period, as it was unwanted by the woman, after a panel of doctors examined the feasibility of the termination of pregnancy. He also made an important remark: “The Court's decision should be guided by the interests of the victim alone and not those of stakeholders such as guardians or society in general.”

 

For more details, Contact Ragini Pant; ragini@hrln.org

 

 

The Human Rights Law Network (HRLN) is a collective of lawyers and social activists dedicated to the use of the legal system to advance human rights in India and the sub-continent. HRLN collaborates with human rights groups, and grass-roots development and social movements to enforce the rights of poor marginalised people and to challenge oppression, exploitation and discrimination against any group or individual on the grounds of caste, gender, disability, age, religion, language, ethnic group, sexual orientation, and health, economic or social status. HRLN provides pro bono legal services, conducts public interest litigation, engages in advocacy, conducts legal awareness programmes, investigates violations, publishes 'know your rights' materials, and participates in campaigns. Human Rights Law Network (HRLN) is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.

 

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HRLN is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.