‘Foetus also has a fundamental right to live’: SC rejects plea seeking termination of over 27-week pregnancy
New Delhi: The Supreme Court on Wednesday dismissed a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live.
Apex Court was hearing a plea challenging High Court order refusing to allow termination of pregnancy
A bench comprising Justice BR Gavai, Justice SVN Bhatti and Justice Sandeep Mehta said this while hearing a plea filed by an unmarried woman challenging the May 3 order of the Delhi High Court refusing to allow termination of her pregnancy.
What did the counsel representing petitioner woman submit?
The counsel representing the woman told the bench that the petitioner woman is taking classes for NEET exam and is under severe traumatic condition. The counsel further submitted that she cannot face the society at this stage and her mental and physical well-being should be considered. The Medical Termination of Pregnancy (MTP) Act talks about the mother only and the foetus is in the womb and it is the right of the mother till the child is delivered, the counsel added.
‘We can’t pass any order contrary to statute’: Apex Court
“The child in womb also has a fundamental right to live,” the bench said while refusing to entertain the plea and added, “We can’t pass any order contrary to the statute.”
Foeticide would neither be ethical nor legally permissible: Delhi HC
The High Court refused to grant permission to the woman to terminate her 27-week pregnancy, saying that the foetus is healthy and viable and foeticide would neither be ethical nor legally permissible.
The High Court took note of medical report of the woman showing that there was neither any congenital abnormality in the foetus nor a potential danger to the mother to carry on with the pregnancy.
“Since the foetus is viable and normal and there is no danger to the petitioner to carry on with the pregnancy, foeticide would neither be ethical nor legally permissible,” the High Court said.
The High Court had further said that it is open for the petitioner woman to approach the AIIMS, New Delhi, for delivery of the child and future course of action, if she wishes to, and if she is inclined to put the baby up for adoption, she is at liberty to approach the central government which shall ensure that the process of adoption takes place at the earliest and in a smooth fashion.