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Supreme Court allows rape survivor to terminate her 24-week pregnancy

SC considered report of Mumbai hospital medical board and allowed alleged rape survivor to terminate her 24-week-old abnormal foetus.

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The Supreme Court on Monday granted liberty to an alleged rape survivor to terminate her 24-week-old abnormal foetus.

In her petition, the woman had alleged that she was raped by her ex-fiance on the false promise of marriage and became pregnant and sought a direction to quash section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971 to the extent that it puts a ceiling of 20 weeks for an abortion as it is ultra vires to Article 14 and 21 of the Constitution.

Following which, a medical board was set up at King Edward Memorial College and Hospital at Mumbai with regard to the woman's condition.

The apex court today considered the report of Mumbai hospital medical board saying that the continuance of pregnancy would gravely endanger the mother's life. 

The alleged rape survivor had also challenged the constitutional validity of the provisions of the abortion law which prohibits termination of pregnancy after 20 weeks even if there is a fatal risk to the mother and the foetus.

Her plea contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.

The woman, who is in 24th week of pregnancy, said she belongs to a poor background and her physical and mental health have been put at risk due to the 20 weeks limit for abortion as her foetus suffers from anencephaly (a serious birth defect in which a baby is born without parts of the brain and skull) but doctors have refused to abort it.

She said the foetus has abnormalities and will cause mental distress to the mother and challenged the constitutional validity of section 3(2) of the Medical Termination of Pregnancy Act prescribing a ceiling of 20 weeks.

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