SC refuses urgent hearing on plea challenging abortion law

The Supreme Court on Thursday refused to hear on an urgent basis the plea challenging constitutional validity of a law prohibiting abortion of foetus above 20 weeks.

On Tuesday, the apex court came down strongly on a Mumbai-based couple and refused them permission to abort a 26-week-old foetus which was diagnosed with Down Syndrome.

A bench comprising Justices S A Bobde and L Nageswara Rao had ruled, "It is sad that the child may suffer from physical and mental challenges and it's unfortunate for the mother but we can't allow an abortion...We have a life in our hands." The bench also said, "In these circumstances, it is not possible to grant permission to terminate the life of the foetus."

The medical reports submitted by a team of doctors in Mumbai too said that there is no physical risk to the mother of continuation or termination of pregnancy.

For the foetus the report stated, "If the baby is born with Down Syndrome, it is likely to have mental and physical challenges." Babies born with Down Syndrome suffer from mental retardation at various levels.

However, the condition is not life threatening, say doctors.

According to Medical Termination of Pregnancy (MTP) Act abortion is allowed up to 20 weeks.

After these 20 weeks permission from the SC has to be sought.

According to the MTP Act, abortion after 20 weeks is permitted only, "if the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury, physical or mental health."