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Kerala HC allows rape victim to abort foetus; Delhi HC junks similar plea
The Delhi High Court refused to allow an unmarried woman to undergo medical termination of pregnancy at 23 weeks, observing it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship.
In a significant order, the Kerala High Court has given permission to terminate a 24-week pregnancy of a minor rape victim and directed to constitute a medical team for conducting the procedure. However, in a similar case, the Delhi High Court has refused to allow an unmarried woman to undergo medical termination of pregnancy at 23 weeks, observing it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship, reported news agency PTI.
Kerala High Court judge Justice V G Arun, while considering the plea of a 15-year-old, said, "If the baby is alive at birth," the hospital shall ensure that the baby is offered the best medical treatment. He also said if the petitioner was not willing to assume the responsibility of the baby, the state and its agencies shall assume full responsibility and offer medical support and facilities to the child.
The court granted permission to terminate the victim girl's pregnancy at a government hospital. "Having given careful thought to the vexing question, I deem it appropriate to lean in favour of the minor girl, rather than sticking to the strict letter of law," the court said in an order issued on July 14. The Medical Termination of Pregnancy Act, 1971 provides an outer limit of 24 weeks, beyond which termination is not permissible.
In the Delhi High Court, a division bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad refused interim relief to a 25-year-old unmarried woman seeking termination of her pregnancy of 23 weeks and 5 days, Live Law reported.
A division bench observed, "As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003, stands, and this court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the Statute. Granting interim relief now would amount to allowing the writ petition itself."
During the hearing on Friday, the court had said it would not permit the petitioner to undergo medical termination of pregnancy at 23 weeks, observing it virtually amounts to killing the foetus.
The court noted that the law granted time to unmarried women to undergo the procedure of medical termination of pregnancy and the legislature has "purposefully excluded consensual relationship" from the category of cases where termination is permissible after 20 weeks and up to 24 weeks.
(With inputs from PTI)
