LAWS(MAD)-2016-9-9

MARIMUTHU Vs. THE INSPECTOR OF POLICE

Decided On September 19, 2016
MARIMUTHU Appellant
V/S
The Inspector Of Police Respondents

JUDGEMENT

(1.) Whether the father / guardian of the minor pregnant daughter can get the foetus of the minor daughter aborted, when the pregnant minor daughter herself is not agreeable for such termination is the question raised in this case;

(2.) In other words, whether the minor daughter's right to life under Article 21 includes the right to beget a life or create a life is the more pertinent issue raised. Brief Facts:

(3.) Today, both the respondents 4 and 5 appeared before this Court and Sithanathan / R5 has admitted that he is the person responsible for the pregnancy of Mariammal. However, the said Mariammal is not in a position to say whether she is prepared to beget the child or is willing to terminate her pregnancy.