Home / Latest News / Supreme Court allows Mumbai Rape survivor to abort 24-weeks-old abnormal foetus

Supreme Court allows Mumbai Rape survivor to abort 24-weeks-old abnormal foetus

July,25,2016:

Apex Court had referred victim to medical board to examine the woman and submit its report before it.

SC comes to the rescue of Rape Victim
SC comes to the rescue of Rape Victim

Supreme Court on Monday passed a rare order by allowing a Rape Victim to terminate her 24 weeks pregnancy which is beyond law-mandated outer limit of 20 weeks.

Medical Board appointed in the matter opined that Victim’s life is in danger on account of multiple congenital anomalies in the foetus.

The pregnancy gravely endanger the physical and mental health of the woman. As per the Board even though her pregnancy was around 24 weeks, still it could safely terminated.

While appearing for the central government, AG Rohatgi, cited to the bench a pertinent provision in the Medical Termination of Pregnancy Act to show that the Law permits termination of pregnancy even after 20 weeks in rare circumstances when the mother’s life is in danger.

 

The Bench of Justices J.S. Khehar and Arun Mishra perused the report of the Mumbai Hospital prepared by seven-member medical board of King Edward Memorial College and Hospital at Mumbai.

The apex court had earlier sought reply from the Centre and the Maharashtra government on the plea of the alleged rape survivor, who has also challenged the constitutional validity of 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.

In her petition, the woman had sought a quashing of Section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971 qua ceiling of 20 weeks for an abortion as against Article 14 and 21 of the Constitution.

It was contended to be unreasonable, discriminatory , arbitrary, harsh and violative of the right to life and equality.

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