The Supreme Court on Wednesday rejected a plea seeking termination of pregnancy which had crossed over 30 weeks, saying that the unborn also has a fundamental right to live, Live Law reported.
Under the Medical Termination of Pregnancy Amendment Rules, abortion is permitted up to 20 weeks of pregnancy. Women and minors who have been sexually assaulted, raped or impregnated through incest can abort the foetus at up to 24 weeks.
The petitioner in the case was a 20-year-old unmarried woman preparing for the National Eligibility-cum-Entrance Test, which is an examination for admission into medical colleges.
Her counsel told the court that she got to know about the pregnancy only on April 16 and by that time it had completed 27 weeks.
“The petitioner at this stage is under severe traumatic condition,” the counsel told the court, reported PTI. “She can’t come outside also. She is taking classes for NEET exam. She is under highly traumatic condition. She can’t face the society at this stage.”
However, the bench of Justices BR Gavai, Sandeep Mehta and SVN Bhatti said that the child in the womb “also has a fundamental right to live”.
“Duration of pregnancy is more than seven months now,” the court said. “What about the right of the child to survive?”
Also read:
- The woman who refused to be a mother
- India’s abortion law seems liberal but is driven by a population control logic – not women’s rights
- Need to balance mother and unborn child’s rights, says SC on plea to abort 26-week pregnancy
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