SC allows 24-week pregnant woman to undergo abortion

The Supreme Court on 25th July 2016, Monday, allowed a 24-week pregnant woman to terminate her pregnancy in view of foetal abnormalities and the anticipated risks to her health.

A bench headed by justice J.S. Khehar granted the woman liberty to undergo an abortion, while taking note of the findings of a medical report which it had sought.

“In view of the clear findings of the medical board, whose examination showed that continued pregnancy could endanger the petitioner’s life, we are satisfied that it may be permissible to terminate pregnancy,” said Justice Khehar.

Acting on a directive from the apex court on Friday, a medical board comprising seven doctors of King Edward Memorial Hospital (KEM), Mumbai, examined the petitioner the next day and recorded several foetal anomalies and associated health risks in case of continued pregnancy.

While granting permission to terminate the pregnancy, the court did not go into the question of relaxation of the 20-week ceiling prevailing under the current law.

Section 3(2)(b) of The Medical Termination of Pregnancy (MTP) Act, 1971, restricts the time period for a woman to avail herself of abortion services at 20 weeks.

Mukul Rohatgi, attorney general of India, argued that the 20-week ceiling should not be applicable in this case as there was a danger to the life of the petitioner.

Due to this, it fell within the exceptions granted under Section 5 of the MTP Act, and termination should, therefore, be allowed, he said.

The petitioner said that setting a ceiling of 20 weeks under the provisions of the MTP Act was “outdated” and “arbitrary” in view of the technological advancements and cases of medical complications.

“The life circumstances of the young woman have evidently weighed on the court in firstly ordering the medical examination and then passing orders for a delayed abortion on the strength of medical opinions, which stated that the woman’s life would be in danger if the pregnancy was carried to term. Whether the choice of the woman would have prevailed if medical expertise had opined otherwise remains a moot question,” said Amita Dhanda, professor at the Centre for Disability Studies, NALSAR, Hyderabad.

Highlighting the need for a re-look at the current abortion law, Aishwarya Bhati, advocate on record in the Supreme Court, said, “Science has made significant progress since 1971, the year the 20-week ceiling was imposed. There is a need to change laws to address genetical deformity and sexual abuse. The relief should not be granted only for special cases but for all... which can be achieved with a re-look at the 20-week period under the current law.”

Seeking the quashing of the provisions upholding the 20-week restriction, the petition held that a ceiling of 20 weeks was “arbitrary, harsh, discriminatory and violative” of Articles 14 (right to equality) and 21 (right to life) of the Indian Constitution.

According to the petitioner, forcing a woman to undergo an unwanted pregnancy would result in the violation of her right to dignity and sexual and reproductive freedom as guaranteed under the Constitution.