New Delhi: The Supreme Court on Monday permitted a 26-year-old alleged rape victim to abort her 24-week-old foetus, following a report from a seven-member medical board stating that the foetus has congenital abnormalities and the mother’s life will be in danger if the pregnancy is continued.
A bench of Justices J.S. Khehar and Arun Mishra took note of the submissions of the Attorney General Mukul Rohatgi that though there is a ban on medical termination of pregnancy beyond 20 weeks under the Medical Termination of Pregnancy Act, there is an exception clause which states that termination can be done if the foetus is considered a danger to the mother.
On the larger issue of the petitioner challenging the provision putting a cap of 20 weeks for termination of pregnancy, the AG said permitting abortion in every case will result in female infanticide and the question of “life-vs-life” will arise.
The bench accepted the contention of the AG that while Section 3 does not permit the termination of a pregnancy that exceeds 20 weeks of uterine life, Section 5 lays down exceptions in the interest of the life of the mother.
Earlier, the bench perused the report of the medical board set up by the Mumbai K.E. Medical College Hospital that the foetus was not compatible with extra-uterine life and it has multiple abnormalities.
The report said continuation of the pregnancy would pose a grave threat to the mental health and physical well-being of the expectant mother. The bench said, “We grant liberty to the petitioner and if she desires to terminate the pregnancy, she is permitted.” The bench disposed of the petition stating that the legal challenge to the provisions will be considered in an appropriate case.
Girl: 20-week ceiling arbitrary
The Supreme Court on Monday permitted a 26-year-old alleged rape victim to abort her 24-week-old foetus. The girl, in her petition, said the foetus suffered from anencephaly that is, it is without major portion of brain, scull and scalp and doctors did not allow her abortion stating that the foetus is more than 20 weeks old and termination of pregnancy is prohibited even if there is fatal risk to the mother and the foetus.
She contended that 20 weeks ceiling may be reasonable when the law was enacted in 1971 but has ceased to be reasonable today where technology has advanced and it is perfectly safe for a woman to abort even up to the 26th week and thereafter.
Further determination of foetal abnormality in many cases can only be done after the 20th week and by keeping the ceiling artificially low, women who obtain reports of serious foetal abnormality after the 20th week have to suffer excruciating pain and agony on account of the deliveries that they are forced to go through. The ceiling of 20 weeks is therefore arbitrary, harsh and discriminatory and violative of Articles 14 and 21 of the Constitution.
