Termination of Pregnancy after 24 weeks: Delhi HC agrees to hear PIL

Delhi High Court agrees to hear a PIL seeking directions to terminate pregnancy after a period of 24 weeks. Matter is listed tomorrow before the Single Judge bench of Justice Vibhu Bakhru.

The petition has been moved on behalf of a minor girl of 16 years of age who was a rape victim. The ultra sound of the victim was done and it was found that there is a fetus of 23 – 24 weeks gestation, pursuant to which an FIR was lodged in Swaroop Nagar Delhi.

The doctors who did the medical examination suggested that since the period of gestation had been more than 20 weeks permission of the High Court was required as it has been stated under section 3 of Medical Termination of Pregnancy Act, 1971,

“A pregnancy may be terminated by a registered medical practitioner,-

(a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are.

Of opinion, formed in good faith, that,-

(i) The continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health; or

(ii) There is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped”

It has been stated in the petition that the mother of the victim had approached Child Welfare Committee from where it was ordered that a committee be constituted at BSA Hospital to see whether termination of Pregnancy is necessary or not. The report was placed before the CWC in which it was stated, “The pregnancy of the victim is 23 – 24 weeks of gestation and Section 3 of the MTP Act, 1971 permits MTP up to only 20 weeks of gestation only.” The CWC then asked DSLSA to provide legal aid for representation before the Delhi High Court to obtain necessary orders.

It has also been stated that the pregnancy poses substantial risk to the victim as the victim is also of a tender age.

-India Legal Bureau