In a historical decision, Supreme Court of India announced that rape victim can terminate her 24 weeks old pregnancy due to an abnormal foetus. In a Mumbai based Rape case, SC allows the victim to terminate her pregnancy.
In a Mumbai based rape case’s medical reports, Supreme court said the persistence of pregnancy would seriously risk the life of the mother. Medical reports’ panel said that the foetus is suffering with serious medical abnormalities with no skull, and the liver and intestines growing outside the body.
It was also detected that the foetus will not survive after birth. Attorney General Mukul Rohatgi appearing for the Centre clarified to the apex court that the current ceiling of 20 weeks under the Medical Termination of Pregnancy Act, 1971 does not apply if there is a danger to the life of the mother.
The petition argued by senior advocate Colin Gonsalves says that the current laws deny women’s rights to abort in cases of extraordinary medical complications.
The alleged rape survivor had challenged the constitutional validity of the provisions of the abortion law which prohibits termination of pregnancy after 20 weeks’ even if there is a fatal risk to the mother and the foetus.
According to reports, the girl had alleged that her ex-fiancé had raped her on the promise of marrying her, which he later refused. She had then challenged the section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971, which puts the time limit of abortion to 20-weeks. She also challenged its constitutional validity in her case. She also claimed that she came to know about the abnormalities after 20-weeks.
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