SC notice to Centre on Rape Victim’s plea against Abortion Law

21 Jul 2016

Categories: Latest News Uncategorized

July,21,2016:

Petitioner woman is in 24th week of pregnancy and belongs to a poor background.

Today Supreme Court has issued notice to the Centre and the Maharashtra Government on a Petition filed by a rape victim.

She has challenged the Abortion Law in so far it clearly prohibits termination of pregnancy after 20 weeks. As per the current Law even if there is a fatal risk to the mother and the foetus no termination is permitted.

Justice J.S. Khehar's Bench issued notice through the Attorney General’s office.

Appearing for the Victim woman, Senior Advocate Colin Gonsalves argued that the Petition challenges the constitutionality of the Medical Termination of Pregnancy Act, 1971 on this score.

Justices Kurian Joseph and Arun Misra sitting in the Bench observed that Court will seek a report of medical board on the physical condition of the woman.

Victim woman has alleged that her ex-fiance raped her on the false pretext of marriage. After she became pregnant, she has invoked Article 14 and 21 of the Constitution to seek a direction quashing Section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971, in so far as it puts a ceiling on abortion of a 20 or more weeks fetus.

It is pleaded that the ceiling under the Law is arbitrary ,unreasonable, discriminatory, harsh and violative of the petitioner's right to life and equality.

Petition also sought a direction to the Centre Govt. to provide necessary Medical help apart from setting up an expert panel of doctors to assess the pregnancy for MTP.

This may be done at least for those women and girls who are Rape survivors and are carrying more than 20 weeks pregnancy.

The petitioner woman is in 24th week of pregnancy and belongs to a poor background.

Her physical and mental health have been put to risk due to the 20 weeks limit for abortion more so as her foetus is abnormal and suffers from anencephaly (a birth defect in which a baby is born without parts of the brain and skull) still the doctors have refused to abort it.

SC has already issued a notice on a Mumbai-based doctor Nikhil D. Datar's petition, who had also raised the same issue in 2009 and sought an amendment to the Medical Termination of Pregnancy Act.

Link of India's Abortion Law