New Delhi: The Supreme Court on Wednesday refused to entertain a plea by a 20-year-old unmarried woman seeking termination of her pregnancy beyond 27 weeks, saying the fetus in the womb also has a fundamental right to life.
A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order denying her permission to terminate her pregnancy. Was.
The bench, also comprising Justice S V N Bhatti and Justice Sandeep Mehta, told his lawyer, "We cannot pass any order contrary to law."
The bench asked, “The child in the womb also has a fundamental right to life.What do you say about this?"
The woman's lawyer said that the Medical Termination of Pregnancy (MTP) law only talks about the mother. “It was made for mom,” he said.
The bench said that the pregnancy period has now exceeded seven months.
"What about the child's right to survive? How do you address that?" th bench asked.
The lawyer said that the fetus is in the womb and until the child is born, the mother has rights over me.
He said, "The petitioner is in a serious painful condition at this time. She may as well come out. She is taking classes for the NEET exam.He is in a very painful condition. She cannot face society at this level."
The lawyer argued that his mental and physical well-being should be considered.
The bench said, "Sorry."
In its order dated May 3, the high court had said that on April 25, the court had directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to ascertain the condition of the fetus and the petitioner. The high court said, the report (of the medical board) shows that there is no congenital abnormality in the fetus nor is there any risk to the mother in continuing the pregnancy, which would mandate termination of the fetus.It said, "Since the fetus is viable and normal, and there is no risk to the petitioner in continuing the pregnancy, feticide would be neither ethical nor legally acceptable."
Before the High Court, the petitioner had said that on April 16, she felt abdominal discomfort and underwent an ultrasound scan and it was revealed that she was 27 weeks pregnant, which was more than the legally permissible limit of 24 weeks.
Under the MTP Act, termination of pregnancy of more than 24 weeks duration is permitted in case of substantial abnormality of the fetus diagnosed by the Medica Board or if an opinion is formed in good faith for the purpose of saving the life of the pregnant woman . can be given.
A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order denying her permission to terminate her pregnancy. Was.
The bench, also comprising Justice S V N Bhatti and Justice Sandeep Mehta, told his lawyer, "We cannot pass any order contrary to law."
The bench asked, “The child in the womb also has a fundamental right to life.What do you say about this?"
The woman's lawyer said that the Medical Termination of Pregnancy (MTP) law only talks about the mother. “It was made for mom,” he said.
The bench said that the pregnancy period has now exceeded seven months.
"What about the child's right to survive? How do you address that?" th bench asked.
The lawyer said that the fetus is in the womb and until the child is born, the mother has rights over me.
He said, "The petitioner is in a serious painful condition at this time. She may as well come out. She is taking classes for the NEET exam.He is in a very painful condition. She cannot face society at this level."
The lawyer argued that his mental and physical well-being should be considered.
The bench said, "Sorry."
In its order dated May 3, the high court had said that on April 25, the court had directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to ascertain the condition of the fetus and the petitioner. The high court said, the report (of the medical board) shows that there is no congenital abnormality in the fetus nor is there any risk to the mother in continuing the pregnancy, which would mandate termination of the fetus.It said, "Since the fetus is viable and normal, and there is no risk to the petitioner in continuing the pregnancy, feticide would be neither ethical nor legally acceptable."
Before the High Court, the petitioner had said that on April 16, she felt abdominal discomfort and underwent an ultrasound scan and it was revealed that she was 27 weeks pregnant, which was more than the legally permissible limit of 24 weeks.
Under the MTP Act, termination of pregnancy of more than 24 weeks duration is permitted in case of substantial abnormality of the fetus diagnosed by the Medica Board or if an opinion is formed in good faith for the purpose of saving the life of the pregnant woman . can be given.
