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SC orders woman’s examination over plea to abort 28-week-old foetus

SC orders woman’s examination over plea to abort 28-week-old foetus

New Delhi: The Supreme Court set up a medical board comprising doctors from the AIIMS to ascertain the health condition of a 28-week-old foetus and the pregnant woman who wanted to abort it on the ground of abnormality.

A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud asked the Centre, represented by Additional Solicitor General Tushar Mehta, to ensure that the woman is examined at the earliest and the report of the medical board be submitted on November 20.

The petition, filed through advocate Garvesh Kabra, said that the foetus was suffering a cardiac disorder which might require immediate corrective open-heart surgeries after the delivery.

The woman’s request for an abortion on November 9 was denied by the doctors on the ground that she was past the prescribed period within which she could undergo a medical termination of pregnancy.

“Hence the denial of her right to an abortion has caused the extreme anguish and has forced the woman to continue with her pregnancy while being aware that the foetus or the child after the birth would never survive a healthy and long life.

“That if the pregnancy is not permitted to be terminated then the petitioner and her family members would be living in constant fear of survival of their child, if born,” the plea said.

It also challenged the constitutional validity of section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, which prohibits abortion of a foetus after 20 weeks of pregnancy.

Determination of foetal abnormality in many cases can only be done after the 20th week and by keeping the ceiling artificially low, women who obtain reports of serious foetal abnormality after the 20th week have to suffer excruciating pain and agony because the deliveries that they are forced to go through.

“The ceiling of 20 weeks is therefore arbitrary, harsh and discriminatory and violative of Articles 14 and 21 of the Constitution of India,” the plea said.

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Source: PTI
3 comment(s) on SC orders woman’s examination over plea to abort 28-week-old foetus

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  1. Dear Dino Raj Paul, have you ever been at any government hospital. I don\’t hope so. If you ever visit, you will find scores of elderly sick patients ,hungary babies and and desperate mothers, trying to get any food or medicine. First help them and then think about unborn babies. If you are ,or have been unable to find anyone of them, please have a generosity to visit my hospital some time. I believe that you will officially adopt all the sick babies of my hospital ,who you visit that day, and will dedicate your rest of the life for caring them.

  2. Consider we have a healthy baby born and after few years he or she contradicted a heart disease which requires treatment. Will anyone of us think of killing this baby now ?
    Why cannot we consider the baby in the womb also as the one outside. ?

  3. user
    Dr Geraldine Sanjay November 20, 2017, 5:39 pm

    How will killing her sick baby make her pain & suffering go away?
    Why can’t our Doctors find appropriate treatment for the baby?
    Why should they kill the baby?
    The mother has to be supported through the pregnancy with psychiatric help.It is mental illness when a woman wants to kill her sick baby.
    She can give the baby for adoption .