Lawstreet Journal

Constitutional Validity of Prohibition on Termination Of Pregnancy Beyond 20 Weeks to be Examined By P&H HC

Lawstreet Journal 10 Aug 2020 8:48pm

Image courtesy: Lawstreet Journal Judiciary Constitutional Validity of Prohibition on Termination Of Pregnancy Beyond 20 Weeks to be Examined By P&H HC

The Punjab and Haryana High Court has decided to examine the constitutional validity of prohibition on termination of pregnancy beyond 20 weeks as stated under the provision of the Medical Termination and Pregnancy Act, 1971, after repeated petitions were filed seeking directions for termination of pregnancy.

The court noted that in this case the medical opinion is already been highlighted that the life of would-be mother/women is at high risk and also the risk of death and/or extreme hardship to the stillborn child, in case he/she comes in this world, still, the medical professionals are not terminating the pregnancy on their own and the reason given by them is that it is prohibited in the Medical Termination And Pregnancy Act, 1971.

Although Sec 5 of the Act provides for some relaxation in a mandatory prohibitive period of 20 weeks, however, that is only in case when such termination of pregnancy is immediately necessary to save the life of the woman. The court noted that this section is ignoring the situation of the fetus with extreme deformity or disease, which may render the life of such a child to be hell if he/she is born. 

The counsel for the petitioner referred to the judgments which show that either the issue of the legality of the provisions has not been adverted to in the judgments at all or the judgments have held the continuation of such pregnancy against the medical advice as violative of fundamental rights of the would-be-mother/women. The court said that if these… Continue Reading...

Tagged: Punjab and Haryana High Court  
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