The case poses a legal significance as it disucsses the amended Medical Termination of Pregnancy Act, 1971. The Government allowed the termination of pregnancy up to 24 weeks. Here, a minor rape victim, 16 year old, was pregnant for 24 weeks and the case was filed to terminate the pregnancy. The Court has directed the Medical Superintendent of RML Hospital to constitute the medical board to check whether the termination can be carried out.
In India, the scenario for the termination of pregnancy is legal but on certain circumstances. The termination can be performed within 20 weeks of pregnancy on the various grounds. After 20 weeks, the woman must take consent from the court for terminating her pregnancy otherwise, it will be considered a crime. The person who performed the termination after 20 weeks of pregnancy without the permission of the court will also be guilty of an offence under Indian law. Except if the termination of pregnancy has been done to save the life of the women.
Brief Facts:
A petition has been filed by the 16-year-old minor rape victim for seeking the court permission to terminate her pregnancy. The petitioner is aggrieved by the fact that after completion of 20 weeks of the gestation period, section 3 of Medical termination of pregnancy Act, 1971 does not allow to terminate the pregnancy. It was stated in the petition that when she went for the termination, after her medical examination on 25/01/2020 at BSA Hospital, it was found that she was 24 weeks pregnant and the doctor referred her to seek the opinion of the court.
Order:
The Delhi High Court directed the medical board to immediately examine the minor girl who is seeking permission for terminating her pregnancy. The Justice Vibhu Bakhru asked the Medical Superintendent at Ram Manohar Lohia Hospital to examine the girl and expeditiously submit the report to the court whether continuing the pregnancy have possessed any risk to her life. The court also requests the concerned doctor to present before the court at the time of the hearing.
The union cabinet has extended the limit for the termination of the pregnancy from 20 weeks to 24 weeks for the “special categories women” includes rape victims, differently able, minors and victims of incest.
Edited by Pragash Boopal
Approved & Published – Sakshi Raje
