The Supreme Court on Monday allowed a rape survivor to abort 24-week-old pregnancy after she filed a petition stating that there was an abnormal growth in the foetus.
On Friday the court had asked Mumbai's King Edward Memorial Hospital to set up a medical board in 24 hours and examine the feasibility of aborting the "highly abnormal" fetus. After a report from medical board, which said that the pregnancy would gravely endanger the mother's life, the SC allowed the termination.
The bench considered the report of the seven-member medical board which said that the foetus has multiple severe abnormalities.
It passed the order after taking assistance of Attorney General Mukul Rohatgi who said that there is a provision in the Medical Termination of Pregnancy Act, 1971 which allows the termination of pregnancy after 24 weeks if there is a threat to the life of the mother.
The Medical Termination of Pregnancy Act, 1971 permits abortion within 20 weeks of pregnancy and that too after two registered medical practitioners agree it isn't dangerous to the mother.
The woman challenged the validity of Section 3(2) (b) of the Act, which imposes the 20-week restriction.
“We grant liberty to the petitioner and if she desires to terminate the pregnancy, she is permitted,” the bench said.