The court was responding to a challenge to the current abortion law which restricts the time period for a woman to avail of abortion services at 20 weeks.
Advertisement
In a landmark verdict, the Supreme Court grants liberty to alleged rape survivor to terminate her 24-week-old abnormal foetus.
A medical board comprising of seven doctors at KEM hospital, Mumbai, had examined the petitioner on 23 July and recorded several foetal anomalies and associated health risks in case of continued pregnancy.
The report noted that continuation of the pregnancy would endanger the mother’s life.
Attorney General Mukul Rohatgi, appearing for the central government, cited to the bench a pertinent provision in the Medical Termination of Pregnancy Act to state that the law permitted termination of pregnancy beyond 20 weeks in exceptional circumstances when the mother’s life is in danger.
Notably, the law prohibits termination beyond 20 weeks.
The petition had said that in conformity with worldwide laws, Albania, Australia, Belgium, Canada, China, Croatia, Denmark, Iceland, Israel, Luxembourg, Nepal, Netherlands, Slovakia, South Africa, Britain, and the USA have not fixed any absolute time limits in their abortion laws.
The woman’s plea contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.
The woman had moved the court after doctors refused to abort her foetus on the ground that pregnancy was beyond 20 weeks.
SC allows rape survivor to terminate 24-week pregnancy.
The petitioner has sought the direction of the court for the termination of her pregnancy as under Section 3 (2) of the Medical Termination of Pregnancy Act, 1971, the pregnancy beyond 20 weeks could not be terminated.
Advertisement
Her plea further stated that the foetus has abnormalities and will cause mental distress to the mother.
