The Supreme Court overrules Delhi judicature Order, Allows woman To Terminate Pregnancy Of 24 Weeks

The Supreme Court on Thursday allowed a pregnant woman to abort her 24-week foetus. While passing the order the apex court sought report from All India Institute of Medical Sciences (AIIMS) on safe abortion of the pregnancy and directed to make a team of two experts to report whether abortion is feasible without harming the girl.

The Delhi judicature in its order on July 16 refused to grant permission to terminate the pregnancy that was 23-weeks then, on grounds it violated the abortion law. Under the Medical Termination of Pregnancy Act (MTP Act), abortion of pregnancy arising out of a consensual relationship is allowed only up to twenty weeks

Unmarried women are, however, allowed to undergo medical termination of pregnancy up to 24 weeks, per the MTP Act. 

The pregnancy had arisen out of a consensual relationship and also the woman had sought relief from the Supreme Court on Tuesday.

The petitioner, a 25-year-old woman, had appealed to the court to terminate the pregnancy on grounds that her partner, with whom she was in a very relationship, had refused to marry her. She also stressed that the birth of the kid could cause her psychological agony additionally as social stigma, said the PTI report.

The tribunal, while managing the plea, had said the court cannot transcend the statute while exercising its power under Article 226 of the Constitution.

“The petitioner, who is an adult female and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003,” the judicature noted in its order dated July 15.