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On hearing the case of a pregnant woman suffering from Anencephaly, a fetal abnormality, the Delhi High Court passed an order allowing the medical termination despite the fact that the pregnancy period had crossed the statutory permissible limit of 20 weeks. The Division Bench consisting of Chief Justice D N Patel and Justice Jyothi Singh said that Law cannot be construed in a matter incompatible with life.
The petitioner requested an abortion, but the medical practitioner turned down the request on the ground that the permissible limit of 20 weeks had already passed under the Medical Termination of Pregnancy Act, 1971. The woman thus moved to the High Court of Delhi and challenged section 3 (2) (b) and section 5(1) of the MTP Act, 1971 under which the time ceiling of 20 weeks is stipulated. The Court directed to constitute a Medical Board to examine her.
According to the report submitted by the Medical Board after examining her, it was concluded that the woman was in her 25th week of pregnancy and the condition suffered by the foetus was incompatible with the life of petitioner. It was also noted by the Court that the Supreme Court on various occasions allowed for the termination of pregnancy after 20 weeks although there is a strict prescription under Section 3(2)(b) of the MTP Act, 1971.
The court further held that in this case where the condition of a foetus is incompatible with life, the right to abortion cannot be denied just because gestation period has continued beyond 20 weeks. Termination of pregnancy is allowed under Section 3(2)(b) when there is a substantial risk of serious physical injury or mental abnormalities if the child were to take birth.
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