The Supreme Court on July 25 passed a historic judgement where it allowed a rape survivor to abort 24-week-old fetus citing health risk. The petitioner had appealed the court to uplift the ceiling of abortion of 20 weeks in her case. According to reports, she had told the court that the fetus is abnormal in growth.
Following the criticality of her case, the bench headed by Justice J.S. Khehar had set up a seven-member panel from Mumbai’s King Edward Memorial hospital to examine the risk involved in the abortion of the abnormal fetus.
The court ruled in favour of the petitioner, and said: “We grant liberty to the petitioner and if she desires to terminate the pregnancy, she is permitted”.
According to reports, she had alleged that her ex-fiance had raped her on the promise of marrying her, which he later refused. She had then challenged the section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971, which puts the time limit of abortion to 20-weeks. She also challenged its constitutional validity in her case. She also claimed that she came to know about the abnormalities after 20-weeks, reports say.
According to reports, the fetus was suffering from anencephaly where the child is born with parts of brain and skull missing.