India’s top court refuses to allow abortion for pregnancy beyond 27 weeks, says foetus has right to live

The Supreme Court on Wednesday (May15) declined to consider a plea from a 20-year-old unmarried woman seeking to terminate her pregnancy of over 27 weeks, arguingthat the foetusalso has a fundamental right to life.

A bench led by Justice B R Gavai issued the order while hearing the woman's appeal against the Delhi High Court's May 3 decision, which denied her request to terminate her pregnancy.

"We can't pass any order contrary to the statute," the bench, also comprising Justices S V N Bhatti and Sandeep Mehta, told her counsel.

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"The child in womb also has a fundamental right to live. What do you say about that?," the bench asked.

The woman's lawyer argued that the Medical Termination of Pregnancy Act focuses solely on the mother's rights.

"It is made for mother," he said.

The bench noted that the pregnancy had now exceeded seven months.

"What about the right of the child to survive? How do you address that?," the bench asked.

The counsel argued that since the foetus is still in the womb, the mother's rights prevail until the child is born.

"The petitioner at this stage is under severe traumatic condition. She can't come outside also. She is taking classes for NEET exam. She is under highly traumatic condition. She can't face the society at this stage," he said.

The lawyer contended that her mental and physical well-being should be taken into account.

"Sorry," the bench said.

In its May 3 order, the high court observed that on April 25, it had instructed the All India Institute of Medical Sciences to form a medical board to evaluate the condition of the fetus and the petitioner.

"A perusal of the report shows that there is no congenital abnormality in the foetus nor is there any danger to the mother to carry on with the pregnancy which will mandate termination of the foetus," the high court had said.

"Since the foetus is viable and normal, and there is no danger to the petitioner to carry on with the pregnancy, foeticide would neither be ethical nor legally permissible," it had said.

The petitioner had informed the high court that on April 16, she experienced abdominal discomfort and underwent an ultrasound, which revealed she was 27 weeks pregnant, crossing the legal limit of 24 weeks.

According to the MTP Act, termination of a pregnancy beyond 24 weeks is permissible only in cases of majorfoetal abnormalities diagnosed by a medical board or if it is deemed necessary in good faith to save the pregnant woman's life.

(With inputs from agencies)