Lawstreet Journal

Madras HC Rejects Plea Seeking To Abort 24 Weeks Old Foetus

Lawstreet Journal 4 Apr 2020 6:34pm

Image courtesy: Lawstreet Journal Judiciary Madras HC Rejects Plea Seeking To Abort 24 Weeks Old Foetus

On March 26, 2020 Madras High Judge Justice Vivek Rusia rejected the plea of the petitioner seeking to abort the 24 weeks old foetus.

In the case of Asthha Pande v. State of MP & Ors., the court held that "The petitioner is not falling in either of the contingencies given in explanation (1) & (2). In case of both the contingencies as given in explanation (1) and (2), from the day one the woman was not willing for the child or pregnancy, therefore, it was presumed to be a grave injury to the mental health but in the present case it is not the case of the petitioner that she became pregnant by way of rape or failure of any device or method. Even otherwise the explanation 2 is applicable to married woman or husband. Therefore, there is a complete bar for termination of pregnancy in case of the petitioner because the pregnancy has crossed the barrier of 20 weeks and the petitioner is not coming under the category of a grave injury to the mental health, as per explanation (1) & (2)."

Petitioner is a B.A student who got pregnant by her boyfriend who later broke up with her. After 24-25 weeks she decided to abort her child.

As per Section 3 of the Medical Termination of Pregnancy Act, 1971, the time permitted to terminate pregnancy is 20 weeks. The only two exceptions provided therein are if the medical practitioners are of an opinion that:

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    Tagged: Madras High Court  
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