New Delhi : The Supreme Court on Wednesday rejected a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy.
A bench comprising justices B R Gavai, S V N Bhatti, and Sandeep Mehta said the court cannot pass any order contrary to the statute and questioned the petitioner’s counsel, “The child in womb also has a fundamental right to live. What do you say about that?” The petitioner’s counsel contended that the Medical Termination of Pregnancy (MTP) Act talks about the mother only, and pressed “it is made for mother”.
The bench told the counsel that the duration of pregnancy was over seven months now. "What about the right of the child to survive? How do you address that?" the bench asked. The counsel submitted that the woman's mental and physical well-being should be considered.
The counsel further argued that the woman at this stage is under severe traumatic conditions and can't come outside also. “She is under a highly traumatic condition. She can't face society at this stage," he said. However, the bench told the counsel that it is not keen in entertaining the petition.
The apex court was hearing a plea by a woman challenging the Delhi High Court's May 3 order refusing to allow termination of her pregnancy. The high court on April 25, had directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to ascertain the condition of the foetus and the petitioner.
The high court had said that the medical board’s report shows that there is no congenital abnormality in the foetus nor is there any danger to the mother to carry on with the pregnancy which will mandate termination of the foetus.
Under the MTP Act, termination of pregnancy of a duration exceeding 24 weeks can be allowed in case of substantial foetal abnormality as diagnosed by a medical board or if an opinion is formed in good faith for the purpose of saving the life of the pregnant woman.
