May 15th 2024.
In a recent case heard in the Supreme Court, a 20-year-old woman had approached the court seeking permission to terminate her pregnancy, which had reached over 27 weeks. However, the court refused to entertain her plea, stating that the foetus also has a fundamental right to live.
The bench, headed by Justice B R Gavai, passed the order while hearing the woman's appeal against the Delhi High Court's decision to deny her request for termination. The bench, which also included Justices S V N Bhatti and Sandeep Mehta, pointed out that they cannot pass any order that goes against the existing laws.
They further questioned the woman's counsel about the rights of the child in the womb, stating that it also has the right to survive. The counsel argued that the Medical Termination of Pregnancy Act is primarily for the mother's benefit. However, the bench reminded him that the pregnancy had already crossed the seven-month mark, and the child's right to live should also be considered.
The counsel argued that the woman is currently in a highly traumatic state and cannot even leave her house. He mentioned that she is preparing for the NEET exam and facing society in her condition would be too difficult. The lawyer also emphasized the woman's mental and physical well-being.
However, the bench rejected their arguments, stating that they cannot pass any order that goes against the existing laws. The high court had previously ordered the All India Institute of Medical Sciences to set up a medical board to examine the condition of the foetus and the petitioner. After reviewing the report, the court found that there were no congenital abnormalities in the foetus, and the mother's life was not in danger.
The high court had also pointed out that since the foetus was viable and normal, it would not be ethical or legally permissible to terminate the pregnancy. The petitioner had previously informed the court that she had undergone an ultrasound scan on April 16, which showed that she was already 27 weeks pregnant. This was beyond the legally permissible limit of 24 weeks.
According to the MTP Act, a pregnancy can be terminated after 24 weeks only if there is a substantial abnormality in the foetus or if it is necessary to save the life of the pregnant woman. In this case, the court found that neither of these conditions applied, and therefore, terminating the pregnancy would not be ethical or legally permissible. The court's decision was based on the well-being of both the mother and the child.
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