Allow Cookies!
By using our website, you agree to the use of cookies
Repeated petitions have been filed in the Punjab and Haryana court. Petitioners prayed before the court to issue directions for termination of pregnancy; despite the fact that the medical opinion in such cases has already highlighted the risk to the life of the would-be-mother/woman, as well as, risk of death and/or extreme hardship to the stillborn child, in case he/she comes in this world, on account of the development of deformities and incurable disease. The court stated that repeated direction has been given in individual cases.
The court observed that the reasons given by the medical professionals are based on Medical Termination and Pregnancy Act 1971 which, prohibits pregnancy after 20 weeks.
Notably, the bench is of the view that, to save and care for human life, in spite of the law. Court has been passing orders for termination of pregnancy by going out-of-way and in disregard of the provisions of the Act, while issuing directions for termination of pregnancy after a period of 20 weeks.
Justice Rajbir Sehrawat observed those couples, who are not able to approach the court in time have no other choice except to lose their own lives in some cases or to give birth to totally lunatic or destitute or incapacitated children.
“As a result, some educated and well-off couples might have been successful in saving the life of the would-be mothers/women. However, there would be thousands of couples who are either not able to avail the legal assistance and legal remedies by approaching this court in time or who might be living in abject poverty and therefore, are not able to avail the legal remedy at all.
In such situation, the would-be-mothers/women would not have any choice except to lose their own lives in some cases or to give birth to totally lunatic or destitute or incapacitated children, despite the fact that there had been competent advice from the medical professional for termination of those pregnancies”
The court stated, Even section 5 of Act provides for some relaxation in a mandatory prohibitive period of 20 weeks but this provision is also ignoring situation qua fetus with extreme deformity or disease, which may render the "life of such child to be a hell if he/she is actually born".
Court opined, “The Act restricts the termination of pregnancy only up to 20 weeks. However, no remedy whatsoever is provided for, in the Act, if any deformity/disease or any terminal problem happens to the fetus after the prescribed period of 20 weeks.”
“In such a situation, if such a disease, deformity or complication develops after 20 weeks, then if this provision remains on the statute book, the would-be mother/woman is bound to lose her life, along with the life of the fetus/stillborn child, unless she happens to be already on operation table of the Medical practitioner to take advantage of relaxation provided by Section 5 of the Act.”
In view of the above-foretasted contentions, prima facie, Justice Rajbir Sherawat stated,
It would be appropriated to consider the legality of the provisions of this Act. However, before this Court is of the view it is significant to seek assistance from the Union of India, State of Punjab, State of Haryana and Union Territory Chandigarh in that regard and issued notice to standing counsels for next hearing .
86540
103860
630
114
59824