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Delhi HC Directs AIIMS To Constitute a Committee to Consider a Plea of Women Seeking Termination of 23-Weeks Pregnancy
The High Court of Delhi on Friday directed the All India Institute of Medical Science (AIIMS) to constitute a team of medical experts immediately, to examine a woman seeking termination of her 23-weeks pregnancy due to the abnormalities in the fetus.
The division bench of High Court of Chief Justice DN Patel and Justice Prateek Jalan directed the committee to submit the report on the impact of termination of pregnancy on 13
July, after examination of the woman by the experts.
The petitioner has submitted that she has reached 23rd weeks in pregnancy and the fetus suffers from the spine and cardiac defects making it impossible to survive and causing extreme trauma to the petitioner.
She has pleaded for termination of pregnancy under section 3(2) and 5 of the Medical Termination of the Pregnancy Act and submitted that if it is not addressed urgently, it will cause severe health complications to her.
She has challenged the validity of section 3(2) of the Medical Termination of Pregnancy Act, as it allows termination of pregnancy until the 20th week only. Petitioner also argued that the restriction is arbitrary as the abnormalities in fetuses were discoverable after 20 weeks only.
The petitioner also challenged the validity of section 5 of the act, as it states “the termination of pregnancy is immediately necessary for the life of the women”, arguing it as violative of Article 14 and 15, and unconstitutional as it does not take into account the mental and physical health and well being of the women in the expression ‘life’.
The court gives notice to AIIMS for the constitution of an expert committee, issued a notice to the Delhi government as well, and directed the petitioner to approach AIIMS and get her medical examination done.
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