Key Points:
- The Delhi High Court allowed a woman’s plea to terminate her 28-week pregnancy after an AIIMS Medical Board gave a report suggesting abortion as her foetus had suffered from a condition where the skull bone is not formed, adding that it was incompatible with life.
- Based on the medical board’s report, a bench of Chief Justice D N Patel and Justice Jyoti Singh permitted the medical termination of the woman’s pregnancy.
- The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for making CAC services available in India
On Monday, the Delhi High Court made an exceptional decision that was seen as a welcome move by the country. The High Court allowed a woman’s plea to terminate her 28-week pregnancy after an AIIMS Medical Board gave a report suggesting abortion as her foetus had suffered from a condition where the skull bone is not formed, adding that it was incompatible with life.
Based on the medical board’s report, a bench of Chief Justice D N Patel and Justice Jyoti Singh permitted the medical termination of the woman’s pregnancy. On January 7, the court had asked AIIMS to constitute a medical board to examine the woman and give a report on the feasibility of terminating her pregnancy. The woman said that an ultrasonography at the gestational age of 27 weeks 5 days found that the foetus suffered from anencephaly, a skull bone not formed.
The woman had contended that with advances in technology it was perfectly safe for a woman to abort a fetus at any point during her pregnancy. “The ceiling of 20 weeks is therefore, arbitrary, harsh, discriminatory and violative of Articles 14 and 21 of the Constitution of India.” her petition had claimed.
Notably, the Medical Termination of Pregnancy Act of 1971 prohibits abortion of a fetus after 20 weeks of gestation.
DID YOU KNOW?
Before 1971, abortion was criminalized under Section 312 of the Indian Penal Code, 1860 describing it as intentionally “causing miscarriage”.
The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for making CAC services available in India. Termination of pregnancy is permitted for a broad range of conditions up to 20 weeks of gestation.
Conditions when a woman can abort after 20 weeks of pregnancy according to the MTP Act 1971:
- When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
- When there is huge risk that the child, if born would be seriously handicapped due to physical or mental abnormalities;
- When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
- When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).
