NEHA DEVI Vs. GOVERNMENT OF NCT OF DELHI
LAWS(DLH)-2020-7-136
HIGH COURT OF DELHI
Decided on July 14,2020

Neha Devi Appellant
VERSUS
GOVERNMENT OF NCT OF DELHI Respondents

JUDGEMENT

D.N.PATEL,CJ. - (1.) The proceedings in the matter have been conducted through video conferencing.
(2.) This writ petition has been preferred with the following prayers:- "In the light of the facts and circumstances of this case, the Petitioners pray before this Hon'ble Court as under:- a. For a writ of mandamus or any other writ, order, directing the Respondents to allow the Petitioner to undergo Medical Termination of the Pregnancy. b. For a writ of declaration or any other appropriate writ, order or direction quashing Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 to the limited extent that it stipulates a ceiling of 20 weeks for an abortion to be done under Section 3 , as ultra vires Article 14 and 21 of the Constitution of India, c. For a declaration to the effect that the expression "save the life of the pregnant woman" in Section 5 of the MTP Act includes "the protection of the mental and physical health of the pregnant woman" and also incorporates situations where serious abnormalities in the fetus are detected after the 20th week of pregnancy. d. for an order directing the Respondent No.1 to provide necessary directions to the hospital for setting up an expert panel of doctors to assess the pregnancy and offer MTP to the petitioner and other women in need of the procedure beyond the prescribed 20 weeks limit. e. For any other order/direction that this Hon'ble Court may deem fit."
(3.) At the outset, learned counsel for the petitioner submits that she does not want to press prayer (b) of the writ petition.;


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