W.P.(MD)No.9910 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025 CORAM: THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.9910 of 2019 The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai. ... Petitioner -vs- 1. The Union of India, Represented by its Secretary, Ministry of Health And Family Welfare, Near Udyog Bhawan Metro Station, Maulana Azad Road, New Delhi - 110 011. 2. The Union of India, Represented by its Secretary, Ministry Of Law And Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001. 3. The Medical Council of India, Represented by its General Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi – 110 077. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9910 of 2019 4. The National Commission for Women, Represented by its Member Secretary, Plot 21, Jasola Institutional Area, New Delhi – 110 025. 5. The State of Tamilnadu, Represented by its Chief Secretary, Fort St. George, Chennai – 600 009. 6. The State of Tamilnadu, Represented by its Secretary, Department of Health And Family Welfare, Fort St. George, Chennai – 600 009. 7. Life For All, A Reg Trust rep., by its Managing Trustee, Having its Registered Office at Jeevalaya Campus, Rayaruthupathi, Naickenpalayam, Coimbatore-20. (R7 impleaded vide order dated 08/08/2019 made in WMP(MD)No.18465/19 in WP(MD).No.9910/19 by MSNJ and BPJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus:- a) To direct the Central Government to respond as to when the Medical Termination of Pregnancy Act, 1971, would be amended as per the proposed Draft Amendment to the Medical Termination of Pregnancy Act, 2014, by 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9910 of 2019 increasing the upper gestation limit for legal termination of pregnancies from 20 weeks to 24 weeks; b) To direct the Central Government to amend the Medical Termination of Pregnancy Act, 1971, to remove the upper gestation limit without any time limit for abortion of victims of rapes; c) To direct the Central and the State Governments to compulsorily terminate the pregnancy of victims of rape including child victims except on request to prevent the birth of stigmatised child and sufferance to the mother; d) To direct the Governments to response as to whether the Advanced Neo-natal Diagnostic Centres are available in India in every Taluk level; e) To direct the Central and the State Governments establish the Advanced Neo- natal Diagnostic Centres in every Taluk on a war footing manner, so as to detect the abnormalities of foetus and to abort them and thereby, prevent the birth of children with abnormalities; f) To direct the Central Government to frame guidelines for safer abortion like, UK Guidelines "The care of women requesting induced Abortions" by Royal College of Obstetricians and Gynecologist; g) To direct the Governments to provide necessary medicines at the early stage of pregnancy to the women to prevent any development of defective foetus; h) To direct the Governments and Medical Council of India to encourage research and development in Gynaecology for detection of abnormalities of foetus as about seventeen lakh children are born with abnormalities in India every year; i) To direct the Central Government and State Government to allow degree 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9910 of 2019 holders in alternative medicines, viz., Siddha, Ayurvedha, Unani and Homeopathy to do safe abortions considering less number of Allopathy doctors; j) To direct the Governments to train the para-medical staff to sensitise the people about the abnormalities of the foetus and the necessity to go for regular check-ups to avail the facility of advanced ultrasound scan; k) To direct the Governments to appoint trained medical care providers or direct the existing para medical staff to sensitise the people about the dangers of unsafe abortions done at home and to undergo safe abortion procedures; l) To direct the Governments to give post care counselling to the mothers whose fetuses have been detected with abnormalities and women and child victims who undergo abortions. For Petitioner : Mr.G.Thalai Mutharasu * For Respondents 1,2, and 4: Mr.V.Malaiyendran, SPCCG. For R5 & R6 : Mr.P.Thilak Kumar Government Pleader * For R7 : Mrs. J.Anandhavalli For R3 : No Appearance ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) When the matter was taken up for hearing the learned Government Pleader appearing for the respondents 5 and 6 would submit that the Government of India 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9910 of 2019 amended the provisions of Medical Termination of Pregnancy Act, 1971. 2. In view of the said amendment, the writ prayer became infructuous. Consequently, the writ petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar(CS-II) (*)Corrected as per order of this Court dated 25/07/2025 made in W.P(MD).No.9910 of 2019 Sd/- 02.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S – I / II/ III / IV) Rgm To 1. The Secretary, Union of India, Ministry of Health And Family Welfare, Near Udyog Bhawan Metro Station, Maulana Azad Road, New Delhi - 110 011. 2. The Secretary, Union of India, Ministry Of Law And Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110 001. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9910 of 2019 3. The Medical Council of India, Represented by its General Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi – 110 077. 4. The National Commission for Women, Represented by its Member Secretary, Plot 21, Jasola Institutional Area, New Delhi – 110 025. 5. The Chief Secretary, The Government of Tamilnadu, Fort St. George, Chennai – 600 009. 6. The Secretary, The Government of Tamilnadu, Department of Health And Family Welfare, Fort St. George, Chennai – 600 009. Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai. W.P(MD).No.9910 of 2019 02.07.2025 CT (06/08/2025) 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6 https://www.mhc.tn.gov.in/judis