SC allows ending 24-week pregnancy on woman’s plea

During the hearing, a report of seven member medical board of King Edward Memorial College and Hospital at Mumbai which has diagnosed the health of the woman was tabled before the bench in a sealed cover.

Although the report was sufficient for the Court to direct abortion of the foetus, the bench sought response of the Centre to the petition filed by the mother to amend the Act in order to allow abortion of foetus past 20 weeks of pregnancy in cases where foetus has severe abnormality.

As medical examination suggested abnormality in the foetus, the court allowed the termination of pregnancy.

The constitutional validity of Section 3 (2) of the Medical Termination of Pregnancy Act, 1971, prescribing a ceiling of 20 weeks has been challenged before the Supreme Court.

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.

The Supreme Court on Monday granted liberty to an alleged rape survivor to terminate her 24-week-old pregnancy on grounds of an abnormal foetus.

She said in many cases fetal abnormality can only be determined after the 20th week and so, by keeping the ceiling artificially low, women who obtain reports of serious fetal 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 issues involved, however, are much larger in this case. It directed the government to make arrangements for her stay at the hospital if her pregnancy was to be terminated.

The petitioner is a rape victim from Mumbai who had sought permission from SC to terminate her 24-week pregnancy.

Her plea has contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.

The Indian abortion laws fall under the Medical Termination of Pregnancy (MTP) Act, which was enacted by the Parliament earlier in 1971 with the intention of reducing the incidents of illegal abortion and consequent maternal mortality and morbidity.