Safe for rape victim, 14, to end pregnancy? SC asks medical board
NEW DELHI: The Supreme Court on Tuesday sought a medical board’s opinion at a civil hospital in Haryana’s Karnal about the abortion of a 26-week foetus in the womb of a 14-year-old raped by her cousin last year.
The minor approached the apex court as there is a legal bar on terminating pregnancy at 20 weeks. This is provided under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971.
In exceptional cases in the past, the Supreme Court has allowed the termination of pregnancy up to 26 weeks old after obtaining the advice of a medical board. If the continuation of pregnancy has been possibly fatal to the foetus or the mother, the court has weighed in favour of allowing abortion.
On Tuesday, the apex court followed the same procedure by issuing notice to the Haryana government on the girl’s petition. The bench of Chief Justice of India (CJI) SA Bobde and justices AS Bopanna and V Ramasubramanian said: “Medical Board - District Civil Hospital, Karnal may examine the girl and submit its report about the feasibility of her request for termination of pregnancy.” The matter was posted for hearing on Friday.
According to the petition filed by advocate VK Biju, since the pregnancy was caused by her father’s relative, the foetus was likely to develop mental deformity. The limit of 20 weeks set by the law has been a matter of debate leading to amendments being proposed to the MTP Act. The proposed amendment raises the limit for aborting pregnancy with foetal abnormalities to 24 weeks. Victims of sexual violence, too, have been included in this category. This MTP (Amendment) Bill has been passed by the Lok Sabha and is awaiting clearance in the Rajya Sabha.
In 2017, the top court allowed a couple from Kolkata to abort their 26-week foetus after a medical board said that continuing with the pregnancy would be fatal to the child and cause severe mental injury to the mother. In the same year, the court did not permit another woman from Alibaug to abort a 26-week foetus detected with Down’s Syndrome following a medical board’s advice.