'What About Right Of Child In Womb?' : Supreme Court Rejects Plea To Abort 30-Week Pregnancy

The Supreme Court on Wednesday (May 15) dismissed a petition filed by a woman seeking termination of her pregnancy which crossed 30 weeks of gestational age.

A bench comprising Justices BR Gavai, Sandeep Mehta and SVN Bhatti was considering a Special Leave Petition filed against the judgment delivered by the Delhi High Court on May 3 dismissing the woman's plea. When the High Court passed the order, the pregnancy had crossed 29 weeks.

The petitioner is a 20-year-old unmarried student who is preparing for the NEET exam. The counsel for the petitioner submitted that she got to know about the pregnancy only on April 16, after experiencing heaviness and discomfort in the abdomen. By that time, the pregnancy had completed 27 weeks.

When the matter was taken, Justice Gavai categorically said, "We cannot pass an order contrary to the statute." The upper age limit for the termination of pregnancy as per the Medical Termination of Pregnancy is 24 weeks, which can be breached only if there are substantial foetal abnormalities diagnosed or to prevent imminent danger to the life of the mother.

The counsel attempted to persuade the bench by saying that the petitioner's mental and physical health are in grave danger.

"7 months pregnant! What about the life of the child in the womb? The child in the womb also has a fundamental right to live," Justice Mehta said. In response, the counsel submitted that the MTP Act talks only about the right of the mother.

"Duration of pregnancy is more than 7 months now. What about the right of the child to survive?", Justice Mehta repeated. The counsel submitted that the child gets rights only after the birth. He added that the petitioner, who is preparing for NEET exam, was in a "severe traumatic condition" mentally. "She can't face the society. She can't come out. Her mental and physical health should be considered," he urged. He added that neither the High Court nor the medical board considered the impact of pregnancy on her mental and physical health.

However, the bench was unconvinced and dismissed the petition.

The High Court noted that the foetus had no congenital abnormalities and hence the case did not fall within the categories where the upper limit of 24 weks can be breached. The Court gave the petitioner the liberty to approach the AIIMS for medical facilities in relation to the child birth. The High Court also stated that the petitioner can approach the Union Government if she wanted to give the child for adoption and the Government was directed to facilitate a smoothe adoption process at the earliest.

Case : H Versus UNION OF INDIA AND ANR.| Diary No. 22763-2024

Related : Medical Board Must Report Physical & Mental Health Of Pregnant Person Even If Pregnancy Is Above 24-Weeks & There Are No Foetal Abnormalities: Supreme Court