Abortion of abnormal foetus cannot be denied even if gestation is beyond 20 weeks: Delhi HC
New Delhi, Jul 16: Right to terminate an abnormal pregnancy cannot be denied merely because gestation has continued beyond 20 weeks, the Delhi High Court has said while allowing a 25-week pregnant woman's plea to abort her foetus which had enlarged kidneys and was not expected to survive.
A bench of Chief Justice D N Patel and Justice C Hari Shankar said the section of the Medical Termination of Pregnancy Act which prohibits abortion after 20 weeks of pregnancy even if the foetus is abnormal, and the provision which relaxes this restraint if there is an immediate threat to the life of the mother, have to be considered cumulatively and not in isolation.
"Seen thus, we are convinced that, even in a case where the condition of the foetus is, as in the present case, incompatible with life, the rigour of section 3(2) deserves to be relaxed, and the right to terminate the pregnancy cannot be denied merely because gestation has continued beyond 20 weeks.
"Law, needless to say, cannot be construed in a manner incompatible with life," the court said Friday and permitted the woman to terminate her pregnancy.
The bench, while allowing her plea, also took into account the report of the medical board constituted by AIIMS on the high court's direction.
The woman, in her petition filed through advocate Sneha Mukherjee, had challenged the Constitutionality of sections 3(2)(b) and 5(1) of the Medical Termination of Pregnancy Act, 1971.
While section 3(2)(b) of the Act prohibits termination of a pregnancy of over 20 weeks, section 5(1) allows abortion if there is an immediate threat to the life of the mother.
The petition had contended that the 20 weeks stipulation for a woman to avail abortion services under section 3(2) (b) of the Act may have been reasonable when the section was enacted in 1971 but has ceased to be reasonable today where technology has advanced and it is perfectly safe for a woman to abort at any point during the entire period of pregnancy.
"Secondly, 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 of the deliveries that they are forced to go through," the plea had said.
The ceiling of 20 weeks is therefore "arbitrary, harsh, discriminatory and violative of Articles 14 and 21 of the Constitution of India", it had contended.
The plea had challenged section 5 of the Act to the extent it states that termination of a more than 20-week pregnancy be permitted only if it was immediately necessary to save the life of the mother.
It had claimed that "as written, the MTP Act encourages desperate women, who learn about a foetal abnormality after the 20th week, to seek out unsafe abortions from untrained medical personnel".
Illegal abortions are the third leading cause of maternal death in India and account for 13 per cent of maternal deaths worldwide, the petition had said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
LIC sets up stall at Hyderabad Book Fair, focuses on life insurance awareness
Hyderabad: The Life Insurance Corporation of India (LIC) made its debut at the prestigious Hyderabad Book Fair held at NTR Stadium on December 21, 2024. The LIC stall was inaugurated by Puneet Kumar, Zonal Manager, marking the corporation's first association with this renowned event.
Speaking at the inauguration, Puneet Kumar highlighted the diverse audience at the book fair, which draws participants from across the country, including school children, professionals, homemakers, and businesspeople. "This book fair is a paradise for book lovers, and LIC is leveraging this platform to spread awareness about the importance of life insurance," he said.
A key focus of the LIC stall is the "Bima Sakhi" program, designed to empower eligible women by offering LIC agency opportunities with a fixed stipend for three years. The corporation is also continuing its initiative to recruit both male and female agents, further expanding its outreach.
Several visitors engaged with the Zonal Manager, expressing interest in joining LIC as agents. Senior officials, including Uthup Joseph, G. Madhusudhan, and Pramoda Kumar Sahoo, were present at the event to support the initiative.
