Today(on 15th May),Supreme Court rejects plea from 20-year-old woman to terminate her 27-week pregnancy, citing fetus’s right to life. The decision, led by Justice B.R. Gavai, upholds Delhi High Court’s earlier ruling denying termination.
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NEW DELHI: The Supreme Court today(on 15th May), declined to entertain a plea from a 20-year-old unmarried woman seeking the termination of her over 27-week pregnancy, emphasizing that the foetus in her womb also holds a fundamental right to live. The bench, led by Justice B.R. Gavai, made this decision while hearing the woman’s challenge to the Delhi High Court’s May 3 order, which had also refused to permit the termination of her pregnancy.
“We are unable to issue any order that goes against the law.”
-stated the bench, which also included Justices S.V. N. Bhatti and Sandeep Mehta.
The bench posed a critical question to the woman’s counsel:
“The unborn child also possesses a fundamental right to life. What are your thoughts on this matter?”
In response, the woman’s counsel argued that the Medical Termination of Pregnancy (MTP) Act focuses on the rights of the mother.
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“It is intended for the mother.”
– he said.
The bench countered by highlighting the advanced stage of the pregnancy, now over seven months.
“How do you reconcile the child’s right to survival in this context?”
-the bench asked.
The counsel reiterated that until the child is delivered, the mother retains the right over the foetus.
“At this point, the petitioner is experiencing severe trauma and is unable to leave her home. She is currently studying for the NEET exam and is facing significant distress, making it difficult for her to interact with society.”
-he explained, emphasizes the mental and physical distress his client was experiencing.
The Delhi High Court’s order on May 3 had previously directed the All India Institute of Medical Sciences (AIIMS) to form a medical board to assess the condition of both the foetus and the petitioner.
According to the high court-
“Upon examination of the report, it is evident that there are no congenital abnormalities detected in the fetus, and the mother’s health does not pose an immediate threat that would require termination of the pregnancy.”
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The high court had emphasized that –
“Given that the fetus is viable and healthy, and there is no risk to the petitioner’s well-being by continuing the pregnancy, terminating the fetus would neither be morally justifiable nor legally permissible.”
Background:
The petitioner had experienced discomfort in her abdomen on April 16 and underwent an ultrasound scan, which revealed that she was 27 weeks pregnant—exceeding the legally permissible limit of 24 weeks for termination under the MTP Act. The Act allows for termination beyond 24 weeks only in cases of substantial foetal abnormality, as diagnosed by a medical board, or if necessary to save the life of the pregnant woman.
