Can’t stretch 20-week pregnancy termination limit for unreasonable period: HC

While the Bombay high court (HC) can grant permission for medical termination of pregnancies having crossed the statutory limit of 20 weeks, it recently stressed

While the Bombay high court (HC) can grant permission for medical termination of pregnancies having crossed the statutory limit of 20 weeks, it recently stressed that it cannot stretch the legal limit for an unreasonable period. The HC said as much while rejecting a plea for medical termination of a 30-week-long pregnancy of a 19-year-old rape survivor.

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“Undoubtedly this court can exercise its jurisdiction under Article 226 of the Constitution and grant permission for medical termination of pregnancy even if the pregnancy has crossed the statutory limit of 20 weeks,” said the bench of justice KK Tated and justice Sarang Kotwal.

“But, this power can be exercised only in exceptional cases and in conformity with the basic requirements of the MTP (Medical Termination of Pregnancy) Act, 1971,” said the bench, adding that, the outer limit of 20 weeks laid down by MTP Act “cannot be stretched to an unreasonable period”.

The 19-year-old woman had moved the HC seeking permission for an MTP, claiming that she was forced to carry the unwanted pregnancy and it was causing her huge mental and physical agony. She further claimed that if she was compelled to deliver the baby, the child would also have to carry the stigma and face harassment as it would not be accepted in society.

Acting on her petition, the bench had sought a report from the medical board established at Sir JJ Group of Hospitals. The board submitted its report on March 6, stating the foetus suffered from a serious cardiac anomaly and could be allowed to be terminated.

The bench, however, refused permission, primarily because the pregnancy had advanced much beyond the statutory limit.

The bench also took into consideration the fact that though the rape survivor realised she was pregnant in August 2019 and lodged a complaint with the Wai police in Sahara district only on January 18, 2020. She approached the HC a month later, on February 28.

The rape survivor had claimed that two persons gave her a drink laced with sedatives and took turns raping her. When she discovered she was pregnant she approached one of her rapists, who offered to help get the pregnancy terminated. She approached the police on January 18, only after the accused started threatening her.

The bench said the delay could have been easily avoided if the petitioner had taken steps for her examination immediately after becoming aware of her pregnancy. “Even taking into account the reluctance of rape victims to seek help, the delay on her part, in this case, is quite unreasonable,” the court said.

It has now directed that this being an exceptional case, the state government shall bear the expenses for the medical treatment of the rape survivor and shall also look after her child.