Recently the hon’ble Supreme Court has answered this question in the case of:
XYZ V. THE STATE OF GUJRAT & ORS.
The brief facts of the present case are that: the appellant has filed an FIR, against the person who is accused under Section 376(2)(n) of the Indian Penal Code for having sexual intercourse on the false pretext of marriage. On realizing that she was pregnant and was about 25 weeks, she filed the Writ petition before the High Court of Gujarat, through her mother, under Article 226 of the Constitution of India read with Section 482 of Cr.P.C, 1973 and Section 3 of the Medical Termination of Pregnancy Act, 1971, seeking a direction to the respondent authority to terminate her pregnancy considering the grave injury that could result to her physical and mental health, from continuing with the pregnancy.
The Hon’ble High court rejected the appellant’s petition by considering the medical report and the age of the fetus which was 27 weeks (at the time of passing the order).
However, the hon’ble Supreme Court observed that- “Within the institution of marriage, generally pregnancy is a reason for joy and celebration and of great expectation, not only for the couple but also for their families and friends. By contrast, pregnancy outside marriage, in most cases, is injurious, particularly, after a sexual assault/abuse and is a cause for stress and trauma affecting both the physical and mental health of the pregnant woman the victim. Sexual assault or abuse of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury.
This is because such a pregnancy is not a voluntary or mindful pregnancy.”
Further while referring to the observations made in the case of X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT Delhi and Ors. the Hon’ble Supreme Court observed that- “a woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is warranted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is 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 Court also observed that- “Whole object of preferring a Writ Petition under Article 226 of the Constitution of India is to engage with the extraordinary discretionary jurisdiction of the High Court in exercise of its constitutional power. Such a power is vested with the constitutional courts and discretion has to be exercised judiciously and having regard to the facts of the case and by taking into consideration the relevant facts while leaving out irrelevant considerations and not vice versa”.
Thus, the hon’ble Supreme Court allowed the petitioner to terminate her pregnancy.
Therefore, it can be concluded that a woman can terminate her pregnancy the pregnancy results in mental injury and trauma and moreover, the woman is the sole decision maker whether she wants to terminate her pregnancy or not.
COMMONLY USED LEGAL TERMS
- Admonition (भत्सर्ना) – it means a firm warning or reprimand. This work is mentioned in Section 3 of the Probation of Offenders Act, 1958, where any person who commits a crime which is not of severe nature and the person doesn’t have a criminal history. On the record of his good conduct the court can give him warning and release him on probation. So a person can be released on admonition.
- Basikesan v. The State of Orissa[1]– In this case, a 20-year-old was found guilty of an offence under Section 380 of the Indian Penal Code,1860. It was held that the youth had committed the offence not deliberately and so the case must be applied for Section 3 of the Probation Act and be released after admonition.
- Affidavit and Testimony (शपथपत्र एवं गवाही) – a written statement confirmed by oath or affirmation. According to Section 3 of The Evidence Act, affidavits are considered “evidence.” The Supreme Court, however, held that an affidavit can only be used as evidence if the Court so orders for adequate reasons in the case of Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh.
On the other hand, testimony, a formal written or spoken statement which is considered evidence by the court as it is spoken before a judgment and can be used against the person giving such statements. It can be said that affidavit and testimony both are a tool for ascertaining the legality of some other document, statement or piece of evidence admitted in the court.
It is a criminal offence under Section 191,193,195,199 of Indian Penal Code, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law. Further, criminal contempt of court proceedings can be initiated against the person filing false affidavit.
4. Annexure and Exhibit (अनुलग्नक एवं प्रदर्श्पी) – When the documents are attached to the plaint or complaint it is Annexures. And when they are verified and proved in front of court they are exhibited and given the number, they are called Exhibits. Only after a document is proved, it can be taken into consideration by the court in deciding the issue.
5. Sayyad Tahir Hussain Mainuddin v. The State Of Maharashtra (2007)[3]– In this case the court relied on the judgment of Sahodrabai Rai v. Ram Singh where it was held that annexure is an integral part of the petition, and not merely the documents accompanying the petition.
6. Case Book – A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases.
7. Case Diary– A case diary is a record of daily investigation into a case. Under the provision of Section 172 of the Criminal Procedure Code (CrPC) a police officer conducting the investigation is required to maintain a record of investigation done on each day in a particular case.
Such diaries may be demanded by any Criminal Court for a case that is under inquiry or trial. These diaries shall be used to aid such inquiry/ trial. They cannot be used as evidence. Section 172(1) clearly specifies the details to be noted in the case diary. Time at which the case was first reported, when the investigation began, when it ended, places visited and a statement of facts derived from the investigation are some important details.
- P. Chidambaram v. Directorate of Enforcement[4] where this Court was of the opinion that the Court can peruse the case diary/ materials collected during investigation by prosecution even before the commencement of trial in circumstances like-
- To satisfy itself that the investigation is in right direction.
- There is no misuse of power whether bail u/s 438 is to be granted or not.
- and these instances are not illustrative and not exhaustive.
8. Case Status– The case status indicates the progress of a case towards resolution. For example, if there is particular criminal case which is going to be heard in the court as is listed on the forum then it shows the particular as to at what stage the case is i.e. prosecution evidence or final hearing.
9. Cause List– The cause list shows the list of cases that are to be heard and is displayed in the precincts of a court. In times before the digital screens, cause list was printed and presented in the court from where it was checked by the respective advocates or was communicated to them by fellow advocates; it was a much hectic process than the present one, where the cause list is displayed on the websites or digital screen in the respective court.
