Mumbai: In a landmark judgement, the Supreme Court on Monday allowed a rape survivor to terminate her pregnancy after a medical panel set up by the apex court said that the 24-week foetus was abnormal.
The rape survivor had challenged the constitutional validity of the provisions of the abortion law which prohibits termination of pregnancy after 20 weeks even if there is a fatal risk to the mother and the foetus.
A bench of Justices J S Khehar and Arun Mishra perused the report of the medical board of a Mumbai hospital stating that the continuance of pregnancy would gravely endanger the physical and mental health of the mother.
The bench considered the report of the seven-member medical board of King Edward Memorial College and Hospital at Mumbai which said that the foetus has multiple severe abnormalities.
It passed the order after taking assistance of Attorney General Mukul Rohatgi who said that there is a provision in the Medical Termination of Pregnancy Act, 1971 which allows the termination of pregnancy after 24 weeks if there is a threat to the life of the mother.
"We grant liberty to the petitioner and if she desires to terminate the pregnancy, she is permitted," the bench said.
In her petition, the woman had alleged that she was raped by her ex-fiance on the false promise of marriage and became pregnant and sought a direction to quash section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971 to the extent that it puts a ceiling of 20 weeks for an abortion as it is ultra vires to Article 14 and 21 of the Constitution.
Her plea contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.
