"Mother Cannot Be Deprived Of Freedom To Take Decision To Continue Or Not Continue With Pregnancy": Delhi HC Allows Termination Of 28 Weeks Foetus
Observing that reproductive choice is a facet of reproductive rights of a woman and a dimension of her personal liberty, the Delhi High Court allowed termination of 28 weeks foetus of a 33 year old woman. Justice Jyoti Singh also observed that the mother cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy in the backdrop of the foetal abnormalities brought forth in the Medical Opinion of the Board. "As repeatedly held by the Courts, in the judgements referred above, reproductive choice is a facet of reproductive rights of a woman and a dimension of her 'personal liberty', enshrined in Article 21 of the Constitution of India and thus the Petitioner cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy, in the backdrop of the foetal abnormalities brought forth in the Medical Opinion of the Board," the Court said. Examining the legal position pertaining to termination of pregnancy under the amended MTP Act, 1971, the Court opined thus: "It is explicitly clear from a plain reading of the provisions of Section 3 of MTP Act, as amended, that grave injury to 'mental health' of a pregnant woman is a legal ground available to the woman to seek medical termination of pregnancy, with the caveat that the maximum period permissible under the Act, for termination, is 24 weeks."
Discover Related
HC upholds reproductive freedom, allows ending 30-week pregnancy
HC rejects rape survivor’s plea for termination of 32-week pregnancy
Delhi govt. launches portal to keep in check sex determination of foetuses
Rajasthan HC allows minor survivor to abort 27-week foetus
‘Arbitrary and illegal’: SC sets aside 2 judicial officers’ termination
Pregnant woman's death sparks protest in J&K’s Rajouri; probe ordered
Delhi HC seeks response from Police on STD testing for minors in sexual cases
Delhi High Court seeks Centre’s reply on plea over women’s reservation in Parliament
Rape survivors have right to say ‘no’ to motherhood: Allahabad HC