Consensual sex: Can’t order termination of pregnancy at 27 weeks, says HC

The Medical Termination of Pregnancy Act allows termination of pregnancy beyond 24 weeks in the cases where there is a threat to the woman’s life or if there is a foetal anomaly. The law leaves it to the discretion of the constitutional courts, to exercise on case-to-case basis. In the case in hand, the girl as well as the foetus, were reported healthy

The Punjab and Haryana high court has ordered fresh medical examination of a girl with 27-week pregnancy due to consensual sex but pleading for termination of the same, even as doctors had opined against it.

A medical examination of the girl was conducted and a PGIMER report had said at this gestational age and condition of foetus, it is likely to be born alive

The 18-year-old girl from Punjab, who was in a relationship with a boy got pregnant but as the duo had parted ways, she approached the court seeking termination of pregnancy.

A medical examination of the girl was conducted and a PGIMER report had said at this gestational age and condition of foetus, it is likely to be born alive. There is a likely neonatal survival of around 60-65%. The newborn will be very preterm and likely to have several complications related to prematurity, it stated.

The Medical Termination of Pregnancy Act allows termination of pregnancy beyond 24 weeks in the cases where there is a threat to the woman’s life or if there is a foetal anomaly. The law leaves it to the discretion of the constitutional courts, to exercise on case-to-case basis. In the case in hand, the girl as well as the foetus, were reported healthy.

The girl had, however, pleaded that the court gives directions to authorise the doctors to carry out a foeticide failing which it would be an instance of a pre-term delivery which is likely to add to the hardships of the child himself. The girl had said her prospects would suffer a huge setback and that she was not mentally prepared to give birth. The unwanted pregnancy shall subject her to enhanced social stigma and incarceration, it was pleaded.

The court observed that while it is recognised that the foetus in the present case is an unwanted pregnancy and the possible social stigmatic fall out for the petitioner cannot be entirely ruled out, however, the legislature has prescribed the time frame within which such termination may be permitted, after due consideration of the medical condition and the status of the foetus. “It is also seen that while the law may confer a right to be exercised by the mother for seeking a termination of pregnancy (for up to 24 weeks), an individual cannot claim an unbridled right,” it asserted.

“The court cannot be oblivious to the possibility of a pre-term delivery and the consequences which its order may have to a child or to assume a role where it takes upon itself to decide that the child ought not be allowed to be born alive,” it added.

The court underlined that the exercise of a right of sexual autonomy also at times comes along with the responsibility to discharge duties that arise on exercise of such an option. “A person may be called upon to live with the consequences of the option exercised, when such consequences cannot be erased and are required to co-exist. The desirability of a circumstance cannot outweigh the reality of the circumstance,” it said asking for a fresh medical examination of the girl and carrying out termination only without a foeticide.