News Updates’Right To Make Reproductive Choices A Facet Of Personal Liberty Under Art 21′ :Kerala HC Allows Abortion For 14 Year Old Rape Survivor [Read Judgment] LIVELAW NEWS NETWORK4 April 2020 10:19 PMShare This – xThe High Court of Kerala has allowed the termination of 24-week long pregnancy of a 14 year old rape survivor.Terming it a “difficult and disheartening situation”, a division bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chaly passed the order after an urgent hearing held via video-conferencing, based on the opinion of the Medical Board that the continuation of pregnancy…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe High Court of Kerala has allowed the termination of 24-week long pregnancy of a 14 year old rape survivor.Terming it a “difficult and disheartening situation”, a division bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chaly passed the order after an urgent hearing held via video-conferencing, based on the opinion of the Medical Board that the continuation of pregnancy posed risks to physical and mental health of the adolescent girl.The Court noted that right to make reproductive choices is a facet of personal liberty under Article 21 of the Constitution. “…we are of the view that the ‘Y”s right to make reproductive choices is also a facet of her personal liberty as understood under Article 21 of our Constitution. The said choice would extend to deciding whether or not to carry her pregnancy to its full term. Although the said right is subject to the restrictions imposed under the MTP Act, in the instant case, we find that the report of the Medical Board justifies ‘Y”s decision and besides, she also has the consent of her parents to terminate her pregnancy”The order was passed in a writ petition filed by the father of the girl. The girl had gone missing nearly five months ago, and a habeas corpus petition was filed in the High Court to trace her. It was only after five months that she could be traced with a 28-year married man at Mangalore. The man was arrested and booked for offences under IPC and POCSO,Since the pregnancy had advanced beyond the length of 20 weeks – the statutorily fixed period permissible for legal abortion – the girl’s father moved the HC through Advocate Rajit seeking urgent intervention.Taking note of the urgency of the matter, the bench directed the constitution of a Medical Board within a day to report on the risk of pregnancy on the health of the minor girl.The Medical Board opined that the continuation of pregnancy at 14 years definitely would involve risk to the life of the pregnant woman as there is an increased risk of “all obstetric complications including gestational hypertension, anemia, risk of operative delivery and obstetric haemorrhage”.The Board also opined that there is possibility of emotionally unstable personality traits in the patient and that the girl did not appear to have the “maturity required from that of a mother-to-be”. Hence, the continuation of pregnancy would involve risks of mental health issues as well, the Medical Board opined.To be doubly sure of the situation, the bench held a further video-conference with Dr. Ambujam K., Professor & Head of the Department of Obstetrics & Gynaecology, Medical College Hospital, Trichur, who was also a member of the Medical Board.The Court observed :”there are substantial risks to the life of ‘Y’ as well as to her mental health, if she is allowed to continue with her pregnancy at the young age of 14 years. It is also evident that ‘Y’ does not possess the maturity required of a prospective mother. At any rate, she does not want to continue with her pregnancy. As far as her baby is concerned, the medical opinion is that there is a substantial risk of physical and mental abnormalities as it is a teenage pregnancy. Equally, if the baby survives the termination of pregnancy at this stage, then too there is a substantial risk of physical and mental abnormalities as to seriously handicap the baby”.The bench then took note of Section 5 of the Medical Termination of Pregnancy Act 1971, which states that the maximum period of 20 weeks prescribed under Section 3 for legally permissible termination of pregnancy will not apply in cases where abortion is “immediately necessary to save the life of the pregnant woman”.”On a deeper analysis of the provisions of Act 1971 quoted above, it would be clear that Section 5(1) of MTP Act, 1971 is a stark exception to Section 3 of the Act, and therefore irrespective of the maximum period of limitation to terminate pregnancy prescribed under Section 3 of the Act, under exceptional circumstances specified under Section 5, the termination can be done. In the circumstances, taking into account the report of the Medical Board extracted above, it is explicit and evident that there is grave mental and physical danger to the life of ‘Y'”, Justice Chaly observed in the judgment.While allowing the termination procedure, the Court directed the doctors to take the tissue of the foetus for DNA identification and to maintain the same intact for future purposes, in view of the criminal case pending against the man.The reported, however, indicated that there was a possibility that the baby may survive the medical termination of pregnancy. Taking note of this, the Court observed :”If the child is born alive, despite the attempts at medical termination of the pregnancy, the doctors shall ensure that everything, which is reasonably possible and feasible in the circumstances and in contemplation of the law prescribed for the purpose, is offered to such child so that he/she develops into a healthy child”.Click here to download judgmentRead JudgmentNext Story
35 Cope Street, Stuart is one of Townsville’s best bargains at $248,000TOWNSVILLE’S buyer’s market continues to prevail throughout the first quarter of the year with plenty of bargains to be had in both the house and unit market.Fringe city suburbs still offer plenty of bargains under $250,000, which allows first home buyers to enter the market for an average mortgage repayment of $324 a week.That is despite the average median house price across Townsville rising 4.6 per cent.At a median sale price of $186,500, Stuart is Townsville’s cheapest suburb for houses, followed by Balgal Beach ($230,000) and Heatley ($239,000). This property is the perfect retirement home or beach getaway with large veranda’s front and back to capture the cool ocean breezes. Best of all,15 Tracey Street in Balgal Beach will only cost you in the mid $200,000“We’re seeing a real good cross-section of people buying,” he said. “We’re seeing more first home buyers in the established housing market but there are also downsizes, home buyers that are upgrading and a lot of renovators. In that sense it makes sense that the older, fringe suburbs are popular.“A lot of renovators want raw houses and our market allows them to pick them up for around $200,000 or less.“They then renovate to sell for a profit once the market picks up.”Townsville’s unit market also continues to be a buyer’s domain with the quarterly median price steady at $260,000, no change from the September quarter.Listings have dropped 4.2 per cent for the 12 months to November, representing the largest fall in unit listings throughout the state. More from news01:21Buyer demand explodes in Townsville’s 2019 flood-affected suburbs12 Sep 202001:21‘Giant surge’ in new home sales lifts Townsville property market10 Sep 202037 Weaver Street, Heatley is the ideal home for those looking to join the property market and are not afraid to get their hands dirty. Listed in the low $200,000s, home sits in a handy location and comes with a great size yard, powered shed, storage under the house and spacious living for the family.Those looking to acquire a unit will find the cheapest offerings in Hermit Park with a median sale price of $160,000.West End follows with a median unit sale price of $173,000 and Garbutt $192,500.Real Estate Institute of Queensland Townsville zone chair Damien Keyes said people from all walks of life were buying into the market.
https://images.daznservices.com/di/library/sporting_news/b7/cd/maxi-kleber-germany-fiba_rrkrzpse7b4117p72nohj6sjo.jpg?t=1549925993&w=500&quality=80 Nowitzki, who is expected to retire after the current NBA campaign – having spent all 21 seasons with the Dallas Mavericks – went on to say he’s enjoyed how Rodl has taken charge of the team during the Qualifiers.”It’s been fun observing the positive development,” said Nowitzki, who played at two World Cups (2002 and 2006).”IF EVERYBODY IS HEALTHY, THEN THE GERMAN FEDERATION HAS ASSEMBLED A GREAT YOUNG GROUP. WITH DANIEL THEIS, WITH MAXI (KLEBER), WITH DENNIS (SCHRODER) – THAT IS A SUPER EXCITING GENERATION.”- NowitzkiThe 2.13m (7ft) big man has high hopes the team will perform well in China.”The guys have to fight through it and see how the tournament goes. I definitely believe the team has enough weapons,” said Nowitzki, who last played for the national team at the FIBA EuroBasket 2015.The main weapon, according to Nowitzki, will be the Oklahoma City Thunder star Schroder.”Especially if Dennis plays a super tournament, then everything is possible,” he said. https://images.daznservices.com/di/library/sporting_news/f0/0/schroeder-fiba-germany_p1bgm6ouh4ok1p0pkiumjvnge.jpg?t=1550188313&w=500&quality=80 “If everybody is healthy, then the DBB (German Basketball Federation) has assembled a great young group. With Daniel Theis, with Maxi (Kleber), with Dennis (Schroder) – that is a super exciting generation,” the 40-year-old said. Nowitzki, who helped Germany to a third-place finish at the World Cup in 2002, says Germany could definitely use a healthy Paul Zipser as well. The former Chicago Bulls forward made his comeback for the national side in last month’s final window of the Qualifiers, scoring 15 points to go with 4 rebounds in 15 minutes against Israel. However, a foot injury forced him to sit out the final game at home against Greece.”Hopefully Paul Zipser is fit again soon too,” Nowitzki said. German veteran star Dirk Nowitzki is “super excited” about the country’s current generation that is headed to China for the FIBA Basketball World Cup 2019 and believes the team has a chance to reach the Quarter-Finals.Nowitzki told the German language BIG magazine he followed Germany’s campaign during the European Qualifiers and expects big things from the side coached by Henrik Rodl. https://images.daznservices.com/di/library/sporting_news/a7/2e/zipser-germany-fiba_1cf9as8hrqltm11v1b97mmsda6.jpg?t=1550000785&w=500&quality=80 Nowitzki hopes Germany can perform well enough to qualify to the Tokyo 2020 Games and experience the Olympics, something he did in 2008, when he was Germany’s flag-bearer in Beijing. “It would be a really great thing and an important step also for the federation to qualify for the Olympics,” Nowitzki noted. “Hopefully the guys play a great World Cup and fulfil this dream.”The FIBA Basketball World Cup 2019 will qualify directly 7 teams to the Tokyo 2020 Olympic Games, while the 16 next best classified teams at the World Cup will get the chance of qualifying through one of the 4 FIBA Olympic Qualifying Tournaments 2020.