‘Examine if foetus can be aborted’

The Supreme Court on Friday directed the Maharashtra government to set up a medical board at Mumbai’s KEM Medical College and hospital to examine the rape victim on Saturday and submit a report on Monday as to whether the 24-week foetus can be medically terminated as desired by the girl since the foetus is suffering from anencephaly, a condition marked by the absence of a major portion of the brain, skull, and scalp that occurs during embryonic development.

A bench of Justices J.S. Khehar passed this order after the Maharasthra government consented to set up a board to examine her medically to enable the court to take a call on the victim’s plea for abortion. Earlier, the solicitor general (SG) for the Centre, Ranjit Kumar, informed the bench that the government was willing to set up a medical board at AIIMS.

However, since the girl is in Mumbai, the court asked Maharashtra government to set up the medical board.

The bench asked the board to submit a report to the court on Monday when the matter will be heard again. The bench asked the SG to render assistance on other aspects of the writ petition challenging the provisions of the MTP Act on the ground that imposes a restriction of 20 weeks for carrying out abortion. The girl said she was a rape victim and her doctors did not allow her abortion stating that the foetus is more than 20 weeks old and termination of pregnancy is prohibited even if there is fatal risk to the mother and the foetus.

The petitioner said that when she came to know that she was pregnant, she underwent various medical tests and sonography revealed that the foetus suffered from anencephaly, a fatal condition. She contended that the 20-week ceiling may have been reasonable when the law was enacted in 1971 but it has ceased to be reasonable today where technology has advanced and it is perfectly safe for a woman to abort even up to the 26th week and thereafter.

Further, determination of foetal abnormality in many cases can only be done after the 20th week and by keeping the ceiling artificially low, women who obtain reports of serious foetal abnormality after the 20th week, have to suffer excruciating pain and agony on account of the deliveries that they are forced to go through.

The ceiling of 20 weeks is therefore arbitrary, harsh and discriminatory and in violation of Articles 14 and 21 of the Constitution. Hence, she prayed that the section be struck down as unconstitutional.