New Delhi32 minutes ago
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A bench of Justice Bela Trivedi and Justice Prasanna Bhalchandra Varale heard the case.
The Supreme Court on Wednesday (January 31) rejected the abortion petition of a 26-year-old pregnant widow. The bench of Justice Bela Trivedi and Justice Prasanna Bhalchandra Varale said that the pregnancy is now 32 weeks old. It’s just a matter of two weeks, after which you can give it for adoption.
Actually, the woman lost her husband on 19 October 2023 and came to know on 31 October 2023 that she was pregnant. After this she was in depression. She decided to have an abortion, but the hospital refused. Abortion of more than 24 weeks of pregnancy is illegal.
A petition was filed in the court on behalf of the woman. On January 4, the Delhi High Court, while allowing the woman to have an abortion, said that it is a woman’s right not to become a mother. At that time the pregnancy was 29 weeks old.
After this, a petition was filed in the High Court on behalf of the Centre. In this, a demand was made to reconsider the decision under the right to life of the unborn child. After this, the High Court reversed its decision on 23 January. The woman filed a petition against this in the Supreme Court. But the Supreme Court upheld the January 23 decision of the Delhi High Court.
Woman’s lawyer’s arguments for abortion…
First HC gave permission for abortion, later the decision was reversed
While giving permission for abortion in the Delhi High Court, Justice Prasad had said on January 4 – The petitioner should be allowed to terminate her pregnancy, because giving permission to continue it can worsen her mental condition. She may harm herself, she is showing suicidal tendencies.
While giving the verdict, the bench had referred to a decision of the Supreme Court, in which it was held that even after the circumstances change after marriage, the life of the woman is primary. Reproductive rights are every woman’s right, but it also includes the right not to have children without her consent. However, later on January 23, the High Court overturned this decision.
Pressure was put on the woman to continue her pregnancy
According to lawyer Mishra, after the death of her husband, the widow came to her parents’ house on October 31. Then she came to know that she was 20 weeks pregnant. After this he was admitted to the hospital. The doctors were asking her to continue her pregnancy, so she ran away from there. The woman did not want to continue the pregnancy. The lawyer said that forcing the pregnancy to continue is an attack on the right to privacy. After this, a petition was filed on behalf of the woman for permission to undergo abortion.
What does the rule of pregnancy abortion say?
Under the Medical Termination of Pregnancy (MTP) Act, any married woman, rape victim, disabled woman and minor girl is allowed to abort pregnancy up to 24 weeks. If the pregnancy is more than 24 weeks, permission for abortion has to be taken from the court on the advice of the medical board. Changes in the MTP Act were made in the year 2020. Before that the law made in 1971 was applicable.