Landmark Judgement: SC allows woman to abort 26 week old foetus

New Delhi:  The Supreme Court allowed a woman to terminate her pregnancy, relying on a medical report that the 26-week-old foetus was without a skull and would not be able to survive.

The apex court noted that the report submitted by a medical board clearly suggested that there was no point in allowing the pregnancy to run its full course and it could pose severe mental injury to the 26-year-old woman.

The medical board of Mumbai-based Sir JJ Hospital, where the woman was examined in pursuance to the courts order, said that she wanted to terminate the pregnancy as the foetus was not likely to survive and it was causing immense mental agony to her.

"The condition of the foetus is not compatible with life. The medical evidence clearly suggests that there is no point in allowing the pregnancy to run its full course since the foetus would not be able to survive outside the uterus without a skull," the bench noted in its order.

The court was also informed that the woman understands that her foetus was abnormal and the risk of foetal mortality was high.

It directed that the termination of pregnancy would be performed by the doctors of the hospital where she underwent a medical check-up.

The woman had moved the court for permission to terminate her pregnancy.

Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.

Medical Dialogues team had earlier reported that the Supreme Court refused to allow a woman, who is in her 26th week of pregnancy, to abort her foetus on the ground that it suffered from ‘down syndrome’, saying “we have a life in our hands”.

The apex court said that as per a report of the medical board constituted to examine the 37-year-old woman, there was no physical risk to the mother in continuation of pregnancy.

Read also: SC denies nod to woman to terminate her 26-week foetus with Down Syndrome