(MENAFN- AsiaNet News) The Supreme Court on Wednesday (May 15) declined to entertain the plea of a 20-year-old unmarried woman seeking the termination of her over 27-week pregnancy. The top court said that the foetus in the womb also has a fundamental right to live.
A bench led by Justice BR Gavai delivered the verdict while hearing the woman's plea, which contested the Delhi High Court's ruling on May 3, rejecting her request for pregnancy termination.
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"We can't issue any order contradictory to the statute," the bench said, comprising Justices SVN Bhatti and Sandeep Mehta.
"The child in the womb also has a fundamental right to live. What do you say about that?," the bench inquired.
The woman's counsel argued that the Medical Termination of Pregnancy Act primarily focuses on the mother's rights. "The law is designed for the mother," he contended.
The bench pointed out that the pregnancy duration had exceeded seven months.
"What about the right of the child to survive? How do you address that?" the bench queried. The counsel maintained that until delivery, the foetus remains in the mother's jurisdiction.
"At this stage, the petitioner is under severe traumatic condition. She can't even step outside. She is preparing for the NEET exam. She is under immense stress. She cannot face society at this stage," he added.
However, the bench remained unmoved by these pleas.
The high court's May 3 ruling noted that there were no congenital abnormalities detected in the foetus, and the mother's life was not at risk, making termination neither ethical nor legally permissible.
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Before the high court, the petitioner revealed that she discovered her pregnancy's advanced stage on April 16, exceeding the legally permissible limit of 24 weeks.
Under the MTP Act, termination of pregnancy beyond 24 weeks is permitted in cases of substantial foetal abnormality or to save the pregnant woman's life.
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