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Monday, July 25, 2016

Supreme Court of India allows alleged rape victim to terminate pregnancy post mandated 20 weeks Monday July 25,2016

In a rare order, the Supreme Court on Monday July 25,2016 allowed an alleged rape victim to terminate her pregnancy after law-mandated 20 weeks.

The SCI accepted the recommendations by a medical board that opined her life was in danger owing to the multiple congenital anomalies in the foetus. The board, constituted by the court on Friday last week, said that continuing with the pregnancy will gravely endanger the physical and mental health of the woman. It added that although her pregnancy was around 24 weeks, it could safely terminated.

Attorney General Mukul Rohatgi, appearing for the central government, cited to the bench a pertinent provision in the Medical Termination of Pregnancy Act to state that the law permitted termination of pregnancy beyond 20 weeks in exceptional circumstances when the mother’s life is in danger.

Accepting the report and submission by the AG, the court allowed the woman’s petition and gave her the liberty to terminate the pregnancy.

The woman had moved the court after doctors refused to abort her foetus on the ground that pregnancy was beyond 20 weeks. Her petition claimed that she was raped on a false pretext of marriage and despite severe congenital anomalies in the foetus, she could not get her pregnancy terminated

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